SW8140814_CURRENT PERMIT_20230201

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 ALA C) `j
DOC TYPE
© CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
E:l COMPLIANCE EVALUATION INSPECTION
DOC DATE
Zo23 02o k
YYYYMMDD

ROY COOPER
Governor
ELIZABETH S. BISER
secretary. -
DOUGLAS R. ANSEL
Interim Director
February 1", 2023
Cottage Grove Homeowners Association, Inc.
Attn: Gary Middlebrook, President
1842 Banking St.
Greensboro, NC 27404
NORTH CAROLINA
Environmental Quality
Subject: Permit Renewal
Post -Construction Stormwater Management Permit No. SW8140814
Cottage Grove
New Hanover County
Dear Mr. Middlebrook:
The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for
the subject permit on January 31", 2023. The Division is hereby notifying you that permit SW8140814 has been
renewed, updated, and re -issued on February 1", 2023, 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 September 3rd, 2026 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 abetter understanding of your obligations under this permit. Failure to comply with
these requirements will result in future compliance 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 Aisia Freeman in the Wilmington Regional
Office, at phone # [phone] or [e-mail].
Sincerely, q�
Ut. 1 t� ��<'
5�; Douglas R. Ansel, Interim Director
Division of Energy, Mineral and Land Resources
Enclosures: Attachment C— Permitting History
Copy of the Renewal Application Documents
Copy of the current operation and maintenance agreement
DES/af. WStorriwater\Permits & Projects\2014\140814 HD\2023 02 permit 140814
cc: Wilmington Regional Office Stormwater File
®Rw ��� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796,7215

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lu Pn Management Company
Madren Irvine
Community Association Manager
mirvine9priestleymanagement cam

Post Construction Stormwater Permit
Permit No. SW8140814
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
POST- CONSTRUCTION STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION INFILTRATION BASIN 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
Cottage Grove Homeowners Association, Inc.
Cottage Grove
Middle Sound Loop Road, Wilmington, New Hanover County
FOR THE
construction, operation and maintenance of an infiltration basin in compliance with the provisions of Session
Law 2008-211 and 15A NCAC 2H .1000 (hereafter jointly and individually referred to as the "stormwaterru/es')
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 September V, 2023 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
1. This permit is effective only with respect to the nature and volume of stormwater described in the
application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as described in
Section 1.8 of this permit. The subdivision is permitted for 24 lots, each allowed a maximum of 5,500
square feet of built -upon area.
3. The total maximum amount of built -upon allowed for this project is 175,635 square feet, as listed in the
application documents.
4. The system can store at least 2.5 times the minimum design storm, therefore neither an LS/VFS nor an
offline bypass are required.
Page 1 of 6

Q
7
Post Construction Stormwater Permit
Permit No. SW8140814
All stormwater collection and treatment systems must be located in either public rights -of -way or
dedicated common areas or recorded drainage easements. The final plats for the project will be
recorded showing all such required rights -of -way, common areas and easements, in accordance with
the approved plans.
The project shall provide and maintain a 50-foot-wide buffer adjacent all surface waters, measured
horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of both
sides of streams and rivers, and the mean high water line of tidal waters.
The runoff from all built -upon area within the permitted drainage area of this project must be directed
into the permitted stormwater control system.
The following design elements have been approved for this infiltration basin stormwater facility, and
must be provided in the system at all times.
a. Drainage Area, acres:
Onsite, ft2:
Offsite, ft2:
b. Total Impervious Surfaces, ft2:
Lots at 5,500 ft2:
Roads/Parking, ft2:
Other, ft2:
Offsite, ft2:
G. Basin Depth, feet:
d. Design Storm, in:
e. Bottom Elevation, FMSL:
f Permitted Surface Area @Bottom, ft2:
g Permitted Storage Volume, ft3:
h. Storage/Bypass Elevation, FMSL:
i Type of Soil:
j. Expected Infiltration Rate, in/hr:
k. Time to Draw Down, hours:
I. Receiving Stream / River Basin:
m. Stream Index Number:
n. Classification of Water Body:
II. SCHEDULE OF COMPLIANCE
8.07
351,500
N/A
175,635
132,000
37,000
6,635
N/A
2.1
1.5
23.0
8,727
22,502
27.5
Johnston
0.8
37.7
Howe Creek / Cape Fear
18-87-23
"SA;ORW > Yz mile"
The permittee shall routinely monitor the project to ensure that the proposed built -upon area for the
entire project including lot BUA, streets, recreation facilities and sidewalks, does not exceed the
permitted maximum allowable built -upon area. Where the permittee finds a noncompliance with the
permit on an individual lot, the permittee shall notify the lot owner in writing, requiring remediation of the
noncompliance within a reasonable time frame, and shall follow-up to ensure that the noncompliance
has been resolved.
2. The permittee is responsible for approving and monitoring all driveway pipe installation on individual
lots. The permittee shall assure that all piping shall be that minimum amount and diameter necessary to
adequately pass the drainage underneath the driveway, while maintaining a 11 side slope.
The permittee shall not approve any lot plan where the permitted maximum BUA limit is exceeded, or
where piping of ditches or swales is proposed, or where excessive driveway piping is proposed, without
first submitting a permit modification and receiving approval from the Division.
Page 2 of 6

Post Construction Stormwater Permit
Permit No. SW8140814
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.
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 project or SCM that
impact the certifications, a new or updated certifcation(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.
6. 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.
7. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be
repaired immediately. Infiltration systems should not be used as erosion control devices, due to the
potential clogging. 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.
8. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation
of this permitted facility, the permittee shall cause a certification from an appropriate designer for the
system installed, to be submitted, 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. The permittee shall at all times provide the operation and maintenance necessary to assure that all
components of the permitted stormwater system function as designed. The approved Operation and
Maintenance Agreement must be followed in its entirety and maintenance must occur at the scheduled
intervals listed in the O&M Agreement.
10. Records of maintenance activities must be kept and made available upon request to authorized
personnel of DENR. The records will indicate the date, activity, name of person performing the work
and what actions were taken.
Page 3 of 6

Post Construction Stormwater Permit
Permit No. SW8140814
11. 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 140814, as issued by the Division 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.
e. Alteration of the drainage as shown on the approved plans may not take place without the
concurrence of the Division.
f. The maximum built -upon area per lot is 5,500 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.
g. All affected lots shall provide a 50-foot-wide buffer adjacent surface waters, measured
horizontally from and perpendicular to the normal pool of impounded structures, the top of bank
of both sides of streams and rivers, and the mean high water line of tidal waters.
h. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their
allowable built -upon area due to CAMA regulations. .
I. 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.
j. Built -upon area in excess of the permitted amount will require a permit modification.
k. 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 G.S. 143 Article 21.
12. 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.
13. Prior transfer of the permit, the stormwater facilities must be inspected by the Division and must be in
compliance with all permit conditions. Any items not in compliance must be repaired or replaced to
design condition prior to the transfer. Records of maintenance activities performed to date will be
required.
14. 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.
Page 4 of 6

Post Construction Stormwater Permit
Permit No. SW8140814
III. GENERAL CONDITIONS
1. 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.
2. 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).
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.
a. 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;
ii. A partnership, limited liability corporation, corporation, or any other business association that
has been dissolved;
iii. 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.
iv. 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 Homeowner's or Property Owner's
Association, subject to the requirements of NCGS 143-214.7(c2);
b. 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 project
and the on -site stormwater system complies with the permit conditions. Records of maintenance
activities performed to date may be requested. Projects not in compliance with the permit will not be
transferred until all permit and/or general statute conditions are met.
5. 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 projects
conformance with permit conditions
Page 5 of 6

Post Construction Stormwater Permit
Permit No. SW8140814
e. 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 111 day of February 2023.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
WK
.M, Douglas R. Ansel, Interim Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Commission
Page 6 of 6

Attachment C - Permitting History
Cottage Grove
Permit No. SW8 140814
Approval
permit Action
BIMS
Description of the Changes
Modified Plan Sheets
Date
Version
High Density Subdivision infiltration Basin Project -
construction, operation and maintenance of an infiltration
basin in compliance with the provisions of Session Law
2008-21 1 and 15A NCAC 2H .1000. The subdivision is
permitted for 24 lots, each allowed a maximum of 5,500
9/3/2014
Original
I.0
square feet of built -upon area. The total maximum
C-3.0, C-3.OA, C-3.0B
Approval
amount of built -upon allowed for this project is 175,635
square feet, as listed in the application documents. The
system can store at least 2.5 times the minimum design
storm, therefore neither an LS/VFS nor an offline bypass
are required.
Permit Transfer under SL 201 1-256 & Permit Correction -
construction, operation and maintenance of an infiltration
basin in compliance with the provisions of Session Law
2008-21 1 and 15A NCAC 2H .1000. The subdivision is
permitted for 24 lots, each allowed a maximum of 5,500
5/14/2018
Major
1.1
square feet of built -upon area. The total maximum
Modification
amount of built -upon allowed for this project is 175,635
square feet, as listed in the application documents. The
system can store at least 2.5 times the minimum design
storm, therefore neither an LS/VFS nor an offline bypass
are required.
2/1/2023
Renewal
2.0
New Expiration Date 9/3/2026
Page 1 of 1

Permit Number:
(m be provided by DWQ)
Drainage Area Number:
Infiltration 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.
Important maintenance procedures:
— The drainage area will be carefully managed to reduce the sediment load to the
infiltration basin.
— Immediately after the infiltration basin is established, the vegetation will be
watered twice weekly if needed until the plants become established (commonly
six weeks).
— No portion of the infiltration basin will be fertilized after the initial fertilization
that is required to establish the vegetation.
— The vegetation in and around the basin will be maintained at a height of
approximately six inches.
After the infiltration basin is established, it will be inspected once a quarter and within
24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal
County). Records of operation and maintenance will be kept in a known set location
and will be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall
be repaired immediately.
BMP element:
Potentialproblem:
How I will remediate theproblem:
The entire BMP
Trash/debris is present.
Remove the trash/debris.
The perimeter of the
Areas of bare soil and/or
Regrade the soil if necessary to
infiltration 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.
The inlet device: pipe or
The pipe is clogged (if
Unclog the pipe. Dispose of the
swale
applicable).
sediment off -site.
The pipe is cracked or
Replace the pipe.
otherwise damaged (if
applicable).
Erosion is occurring in the
Regrade the Swale if necessary to
Swale (if applicable).
smooth it over and provide erosion
control devices such as reinforced
turf matting or riprap to avoid
future problems with erosion.
ECEIVE
AUG 2 8 20%
Form SW401-infiltration Basin O&M-Rev3 RY: Page I 0

BMP element:
Potentialproblem:
How I will remediate theproblem:
The forebay
Sediment has accumulated
Search for the source of the
and reduced the depth to 75%
sediment and remedy the problem if
of the original design depth.
possible. Remove the sediment and
dispose of it in a location where it
will not cause impacts to streams or
the BMP.
Erosion has occurred or
Provide additional erosion
riprap is displaced.
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 pesticides are used, wipe
them on the plants rather than
spraying.
The main treatment area
A visible layer of sediment
Search for the source of the
has accumulated.
sediment and remedy the problem if
possible. Remove the sediment and
dispose of it in a location where it
will not cause impacts to streams or
the BMP. Replace any media that
was removed in the process.
Revegetate disturbed areas
immediately.
Water is standing more than
Replace the top few inches of filter
5 days after a storm event.
media and see if this corrects the
standing water problem. If so,
revegetate immediately. If not,
consult an appropriate professional
for a more extensive repair.
Weeds and noxious plants are
Remove the plants by hand or by
growing in the main
wiping them with pesticide (do not
treatment area.
spray).
The embankment
Shrubs or trees have started
Remove shrubs or trees
to grow on the embankment.
immediately.
An annual inspection by an
Make all needed repairs.
appropriate professional
shows that the embankment
needs repair.
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 NC Division of Water
damage have occurred at the
Quality 401 Oversight Unit at 919-
outlet.
733-1786.
ECEIVE
AUG 2 8 2014
Form SW401-Infiltration Basin O&M-Rev.3 Be: Page 2 of 3

Permit Number:
(to be provided by DWQ)
I acknowledge and agree by my signature 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.
Project name:Cottage Grove
BMP drainage area number:
Print name:
Title: President, Logan Developers, Inc.
Address:60 Gregory Road, Suite 1, Belville. NC 28451
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.
1, �illd r QQ �p\��� a Notary Public for the State of
County of do hereby certify that
�pQQ (1 personally appeared before me this 27
day of 20\ _, and acknowledge the due execution of the
forgoing infiltration basin maintenance requirements. Witness my hand and official seal,
�� SP
Ye
NOTARY
PUBLIC
2
SEAL
My commission expires C q-NV 113kI0
ECEIVE
AUG 2 8 2014
BY:
Form SW40 I -Infiltration Basin O&M-Rev.3
Page 3 of 3

UtMLK USE! UNLY
Date Rec ived
I Fee Paid
I Permit Numb
131 3
-7 5—
-908 I o 8
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
prior 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:
2. Project name:
3.
El
Project street a
City: Vi I I w County:ITPa1J i'{CFnb 1 26— zip
What, if any, changes have been made to the project as permitted? n zcA.
0.u�, 1
2Z4 1 /
If the project has changed from the original approved plans, please complete SWU-101 fora Major
Modification or Minor Modification Application form available at: httpsi//deg.nc.gov/about/divisions/energV-
mineral-Ian d-resources/ene rqV-m inera I-land-rules/stormwater-prop ram/post-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://deq,nc.gov/abouUdivisions/energy-mineral-land-
resourceslenergy-minera l-land-rules/stormwater-program/post-construction. State Stormwater Permits do not
automatically transfer with the sale of the property. _
1. Current Permit Holder's Company Name/Organization:
2. Signing Official's Name: 6APY M IDp
3. Signing Official's Title: ?Q,<-S I b
4. Mailing Address:.
City: c 2ee �sbUro
5. Street Address: 12
City:
6. Phone: (_1jJ(o) -153$ Email:
UC::, zip:
1U-zip: 2--1qD5
JAN 3 1 2023
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/ORIM. 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.
PA
0.aKr.iGi 3.
�rDUlc1�1
V
nk-
n
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.
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.
4. 0&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 to me. I agree to keep this on file with the permit.
5. Designer 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.
6. [IF APPLICABLE] If the project has been built, one original 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).
https://www.sosnc.gov/online services/search/by title/ Business Registration
JAN 31 2023
BY:
Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018

D. PERMITTEE'S CERTIFICATION
(�) �RV I I I IWI'Fthe person leqallv 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, corr ct and co lete. r
Signature: `//��G���/�N� Date: ci�` 0��
NOTARIZATION:
I, � F g a/ a Notary Public for the State of
/✓or-h, C ti r o i , ,.� A , County of 0n/5 L o cJ , do hereby certify
that 6f7A72-� MT>G<i3# oo,rc personally appeared before me
this the % (0 4� day of
execution of the forgoing instrument. Witness my hand and official seal,
(Notary Seal)
Notary Signature:
My commission expires �� 05 2 o2-7
20 Z3 , and acknowledge the due
E
BEY R WILLIAMS Public, North CarolinaOnslow Countyommission Expiresptember 06, 2027
�Eq v E_'
JAN 31 2M
BY:____
Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018

W
II
09-04-'14 15:17 FROM -
IFCA-1IcaTTA\J 92 POOO13J0009 F-514
arare oiormwarer ananagernenr oysrems
Permit No. SW8 140814
Cottage Grove
Stormwater Permit No. SW8 140814
New Hanover County
Designer's Certification.
Page 1.of 2
ARU.+Ad , as a duly registered FLV1gi Attr in
the State of North Carolina, having been authorized to observe (periodically/weekly/full
time) the construction of the project,
(Project)
for Lg%,Ah • u c..ns . -JAo_ (Project Owner) hereby state that, to the
best of my abilities, due 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 are a part of this Certification.
Noted deviations from approved plans and specifications:
Registration Number
Date S —
C
Pago 7 of 8
SEAL
ECEIVE
MAY 12 2016

T
09-04-'14 15:18 FROM-
T-892 P0009/0009 F-514
.waie wormwaier rvranagurnulll ly`3RiM5
Permit No. SW8 140814
Certification Requirements: Page 2 of 2
41 _ 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 outletibypass 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.
r/'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 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 level spreader / vegetated filter strip.
15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DEMLR Wilmington Regional Office
New Hanover County Building Inspections
Page S of 8

Book 5951 Page 567
@,�, 0 �CSzCL�c'[tc�
r {Ptt I f1,lY c
BK: RB 5951
PG:567-616
RECORDED:
02-26-2016
2016005321 NG FEE $162.00
NEW HANOVER COUNTY, NC
01:31:05 PM
TAMMY THEUSCH BEASLEY
BY: CAROL HUGHLEY
REGISTER OF DEEDS
DEPUTY
MASTER DECLARATION OF PROTECTIVE COVENANTS
FOR COTTAGE GROVE
Prepared by: P RelafA 0. 10,
Block, Crouch, Keeter. Behm & Sayed, LLP
310 North Front Street, Suite 200
Wilmington, North Carolina 28401
NORTH CAROLINA
NEW HANOVER COUNTY
THIS MASTER DECLARATION OF PROTECTIVE COVENANTS FOR COTTAGE GROVE
(these 'Protective Covenants") is made this T// day of ���12y , 2016,
by LOGAN DEVELOPERS, INC., a North Carolina corporation ('Declarant").
Declarant is the developer of the real property described in Exhibit A, which is attached hereto and
incorporated by reference. These Protective Covenants are being executed and recorded by Declarant in
order to facilitate the development of the Property as a planned community to be known as "Cottage Grove"
and to fix and establish certain covenants, conditions and restrictions upon and subject to which the Property
shall be improved, held, leased, sold and/or conveyed. These Protective Covenants impose restrictions upon
the Property (as defined in Article I herein) under a general scheme of development for the mutual benefit
of the owners of the Property.
Declarant hereby declares that all of the property described in Exhibit A, shall be held, conveyed,
hypothecated, encumbered, used, occupied, and improved subject to the following easements, restrictions,
covenants, conditions, obligations and limitations, all of which are declared to be in furtherance of a plan of
the improvement of the described property, which shall run with the real property subjected to these
Protective Covenants, and to the provisions of the North Carolina Planned Community Act. These
Protective Covenants shall be a burden and benefit to, and binding on, the Declarant, its successors and
assigns, and any person or entity acquiring or owning any right, title or interest in the Property or any part
thereof, their heirs, successors, and assigns.
4UG 3.' aan P

Book 5951 Page 568
ARTICLE I
The terns used in these Protective Covenants shall generally be given their natural, commonly
accepted definitions except as otherwise specified. Capitalized terms shall be defined as set forth below.
1.0 "Cottage Grove": the development created or to be created on the Properties.
1.1 "Articles of Incorporation" or "Articles": the Articles of Incorporation of Cottage Grove
Homeowners Association, Inc., which have been filed with the North Carolina Secretary of State, and as
may be amended from time to time.
1.2 "Association": Cottage Grove Homeowners Association, Inc., a North Carolina nonprofit
corporation, formed by the Declarant as a property owners association for Lot owners in the Residential
Community, all of whom shall be members of the Association.
1.3 "Board of Directors" or "Board": the board governing the Association and managing the
affairs of the Association.
1.4 "Builder" or "Approved Builder": Ahy Person who has been approved by the
Declarant, and who purchases one or more Lots for the purpose of constructing improvements for later
sale to consumers.
1.5 "Business" and/or "Trade": shall be construed to have their ordinary, generally accepted
meanings and shall include, without limitation, any occupation, work or activity undertaken on an
ongoing basis which involves the provision of goods or services to persons other than the provider's
family and for which the provider receives a fee, compensation, or other form of consideration.
1.6 "By -Laws": the By -Laws of Cottage Grove Homeowners Association, Inc., as they may be
modified or amended from time to time. The initial By -Laws are attached hereto as Exhibit B.
1.7 "Class "B" Control Period": the period of time during which the Class "B" Member is
entitled to appoint a majority of the members of the Board of Directors as provided in Section 3.3.
1.8 "Committee": the Architectural Review Committee, as described in Article 10 herein.
1.9 "Common Area": all real and personal property which the Association owns, holds an
casement interest in, or leases, or which is designated as "Common Area," "Private ROW" or "Active
Open Space," "Passive Open Space," ..Stormwater Management Pond," or words of similar import, on
any plat of the Property (or any portion thereof) recorded by Declarant, and which is held or maintained
for the common use and enjoyment of the Members. Without limiting the generality of the foregoing,
the Common Area shall be deemed to include all private roadways and rights of way located within
the Property which are installed by Declarant for the general use of Owners and their guests for access
(excluding driveways and other roadways located within the boundaries of any Lot), and any structures,
or other improvements of whatever nature and kind, within the right of way of any of the private
roadways.
1.10 "Common Expenses": the actual and estimated expenses incurred or anticipated to be
incurred by the Association for the general benefit of all Lots, including any reasonable reserve and
actual and estimated expenses of maintaining and operating the Common Areas (including, without
limitation, private access roads and rights of way, drainage ponds, ditches and swales), conservation and

Book 5951 Page 569
buffer areas, and landscaped areas within road rights of way, as the Board may find necessary and
appropriate pursuant to these Protective Covenants, the By -Laws, and the Articles of Incorporation,
including the following:
(a) All sums lawfully assessed by the Association against its Members;
(b) Expenses of administration, maintenance, repair or replacement of the Common
Areas, the stormwater system, mailbox bank, street lights, utility easements, and any other items
or systems within the Residential Cotmnunity that are for the benefit of some or all Owners;
(c) Expenses declared to be Common Expenses by the provisions of these Protective
Covenants or the By -Laws;
(d) Expenses agreed by the Members to be Common Expenses of the Association;
and
(e) Any ad valorem taxes and public assessments levied against the Common
Area.
Common Expenses shall not include any expenses incurred during the Class "B" Control Period for initial
development, original construction, installation of infrastructure, original capital improvements, or other
original construction costs unless approved by Voting Members representing a majority of the total Class
"A" votes of the Association.
1.11 "Community -Wide Standard": the standard of conduct, maintenance, or other activity
generally prevailing throughout the Residential Community. Such standard may be more specifically
determined by the Board of Directors and the Architectural Review Committee.
1.12 "Declarant": Logan Developers, Inc., a North Carolina corporation, together with such
successors or assigns of Declarant and those who are specifically assigned or granted Declarant's rights
hereunder.
1.13 "Design Guidelines": the architectural design guidelines and procedures set forth in
Article 10 and/or adopted by the Architectural Review Committee pursuant to Article 10 and applicable to
all Lots within the Property.
1.14 "Individual Assessment": assessments levied in accordance with Section 9.6 of these
Protective Covenants.
1.15 "Lot": shall mean one of the subdivided and numbered parcels of land depicted on the
Map of Subdivision for Cottage Grove recorded in Map Book 4YJ/Q
Page � of the New Hanover
County Registry. The term shall include a portion of the Property, whether improved or unimproved,
which may be independently owned and conveyed and which is intended for development, use, and
occupancy as a detached residence for a single family.
1.16 "Master Assessment": assessments levied on all Lots subject to assessment under Article
9 to fund Common Expenses for the general benefit of all Lots.
1.17 "Member": a Person entitled to membership in the Association, as provided in
Section 3.2.

Book 5951 Page 570
1.18 "Mortgage": a mortgage, a deed of trust, a deed to secure debt, or any other form of
security deed.
1.19 "Mortgagee": a beneficiary or holder of a Mortgage.
1.20 "Mortgagor": any Person who gives a Mortgage.
1.21 "Owner": the record Owner, whether one or more persons or entities, of a fee simple title
to any Lot which is a part of the Property, including contract sellers, but excluding those having such
interest merely as security for the performance of an obligation.
1.22 "Person': a natural person, a corporation, a partnership or limited partnership, a limited
liability company or partnership, a trustee, association, or any other legal entity.
1.23 "Planned Community Act": the North Carolina Planned Community Act (N.C.G.S. §4717-
1-101 et seq.), as same may be amended from time to time.
1.24 "Property": the real property described in Exhibit A.
1.25 "Protective Covenants": shall mean this instrument as it may from time to time be
amended or supplemented.
1.26 "Residential Community": the residential development created or to be created on
the Property.
1.27 'Rules and Regulations": the rules and regulations adopted by the Board governing land
use, individual conduct and uses or actions upon the Property pursuant to Article 11 hereof.
1.28 "Service Assessment": assessments levied in accordance with Section 9.13 of these
Protective Covenants.
1.29 "Special Assessment": assessments levied in accordance with Section 9.5 of these
Protective Covenants.
ARTICLE 2
PROPERTY RIGHTS
2.1 Right to Use and Enjoyment of Common Area. Every Owner shall have a right and
nonexclusive easement of use, access, and enjoyment in and to the Common Area, and for ingress and
egress to and from the Common Area, which shall be appurtenant to and pass with the title to every Lot,
subject to the following provisions:
(a) These Protective Covenants, the Articles, the By -Laws, the Rules and
Regulations and any other applicable covenants;
(b) Any restrictions or limitations contained in any deed conveying such property
to the Association;
(c) The right of the Board to adopt rules regulating the use and enjoyment of the
Common Area and any improvements thereon to occupants of Lots and their guests and rules
4

Book 5951 Page 571
limiting the number of guests who may use the Common Area; and the right of the Board to
establish penalties for any infractions thereof,
(d) The right of the Board to suspend the voting rights and the right to use the
Common Areas by an Owner (i) for any period during which any charge against such Owner's
Lot remains unpaid, and (ii) for a period not to exceed sixty (60) days for a single violation, or
for a longer period in the case of any continuing violation, of these Protective Covenants, any
applicable Supplemental Declaration, the Articles, the By -Laws, the Design Guidelines or the
Rules and Regulations, after notice and a hearing pursuant to the By -Laws;
(e) The right of the Association, acting through the Board, to dedicate or transfer all
or any part of the Cotmnon Area pursuant to Section 4.7•
(0 The right of the Association, acting through the Board, to mortgage, pledge,
or hypothecate any or all of its real or personal property as security for money borrowed or
debts inclined, subject to the approval requirements set forth herein and the rights of such
Mortgagees in said properties shall be subordinate to the rights of the Lot Owners hereunder;
(g) Easements as provided in Article 12• and
(h) Declarant's rights as provided in Article 14.
Any Owner may extend his or her right of use and enjoyment to the members of his or her
family, lessees and social invitees, subject to reasonable Board regulation. An Owner who leases his or her
Lot shall be deemed to have assigned all such rights to the lessee of such Lot for the duration of the ]case,
to the exclusion of the leasing Owner, and any such lessee shall abide by all the restrictions contained
herein. Any such lease shall not release the owner from his liability for damage to the Common Area
caused by said lessee.
ARTICLE 3
ASSOCIATION FUNCTION, MEMBERSHIP AND VOTING RIGHTS
3.1 Function of Association. The Association shall be the entity responsible for management,
maintenance, ownership, operation and control of the Common Area owned or leased by the Association
within the Properties. The Association shall be the primary entity responsible for enforcement of these
Protective Covenants and such reasonable rules regulating use of the Common Areas owned or leased by
the Association as the Board may adopt. The Association shall also be responsible for administering and
enforcing the architectural design guidelines and controls set forth in these Protective Covenants and in the
Design Guidelines. The Association shall perform its functions in accordance with these Protective
Covenants, the By -Laws, the Articles and applicable North Carolina law.
3.2 Membership. Every Owner shall be a Member of the Association. There shall be only one
membership per Lot. If a Lot is owned by more than one Person, all co -Owners shall share the privileges
of that membership. The membership rights of an Owner which is a corporation, partnership or other legal
entity may be exercised by any officer, director, partner, or trustee, or by any other individual designated
from time to time by the Owner in a written instrument provided to the Secretary of the Association,
provided that only one person (and such person's immediate family members with respect to membership
rights other than voting) may be designated to act in such capacity for such an Owner at any particular time.
3.3 Voting. The Association shall have two classes of membership, Class "A" and Class `B."

Book 5951 Page 572
(a) Class "A." Class "A" Members shall be all Owners of Lots except the Class
"B" Member, if any. Class "A" Members shall have one vote for each Lot in which they hold
the interest required for membership under Section 3.2; there shall be only one vote per Lot.
(b) Class "B." The sole Class "B" Member shall be the Declarant. The rights of the
Class "B" Member, including the right to approve or withhold approval of actions proposed under
these Protective Covenants and the By -Laws, are specified elsewhere in the Protective Covenants
and the By -Laws. The Class "B" Member may appoint the members of the Board during the Class
"B" Control Period, as specified herein. After termination of the Class "B" Control Period, the
members of the Board shall be selected as provided in the By -Laws.
During the Class "B" Control Period, the Class "B" Member shall be entitled to fifteen
(15) votes for each platted Lot in the Residential Community. The total number of planned Lots
in the Residential Community is currently twenty-four (24), although the actual number of Lots
may be more or less, and the Class "B" Member makes no representation whatsoever regarding
the. actual number of Lots to be included .in the Residential Community. The Class "B"
membership shall cease and be converted to Class "A" membership on the happening of one of
the following events, whichever occurs earlier:
or
(i) when the Declarant owns no Lots in the Residential Community,
(ii) on January 1, 2046, or
(iii) when, in its discretion, Declarant so determines and declares in an
instrument recorded in the New Hanover County Registry of Deeds.
(c) Exercise of Voting Rights. In any situation in which a Member is entitled.
personally to exercise the vote for his or her Lot and there is more than one Owner of a particular
Lot, the vote for such Lot shall be exercised as such Co -Owners determine among themselves
and advise the Secretary of the Association in writing prior to any meeting. Absent such advice,
the Lot's vote shall be suspended if more than one Person seeks to exercise it.
3.4 Subordinate Associations and Declarations. No declaration, restrictive covenants, or
property owner's association shall be established upon or be binding upon or applicable to the Property
unless approved in writing by Declarant.
ARTICLE 4
RIGHTS AND OBLIGATIONS OF THE ASSOCIATION
4.1 Common Area. The Association, subject to the rights of the Owners set forth in these
Protective Covenants, shall manage and control the Common Area and all improvements thereon (as
defined in other sections herein including, without limitation, private roads, private road rights of way,
lighting, equipment, and common landscaped areas), and shall keep it and them in good repair and in a
clean, attractive, sanitary condition consistent with these Protective Covenants and the Community -Wide
Standard.
4.2 Personal Property and Real Property for Common Use. The Association may acquire, hold,
and dispose of tangible and intangible personal property and real property. Declarant may convey to the

Book 5951 Page 573
Association improved or unimproved real estate located within the Residential Community, personal
property and leasehold and other property interests. Such property shall be accepted by the Association
and thereafter shall be maintained as Common Area by the Association at its expense for the benefit of
its Members, subject to any restrictions set forth herein and in the deed.
4.3 Rules. The Association, through its Board, may make, revoke, amend and enforce
reasonable rules governing the use of the Property, in addition to further defining or limiting, and, where
specifically authorized hereunder, creating exceptions to, those covenants and restrictions set forth in these
Protective Covenants. Such rules shall be binding upon all Owners, occupants, invitees, lessees, guests and
licensees.
4.4 Enforcement. The Association may impose sanctions for violations of these Protective
Covenants, the By -Laws, or Rules and Regulations, including reasonable monetary fines and suspension of
the right to vote. In addition, the Association may exercise self-help to cure violations, and may suspend
any services it provides to the Lot of any Owner who is more than 30 days delinquent in paying any
assessment or other charge due to the Association. The Board may seek relief in any court for violations or
to abate nuisances. The Board may assess the reasonable monetary fines authorized by this Section as an
Individual Assessment authorized by Section 9.6 of these Protective Covenants,
4.5 Implied Rights' Board Authority. The Association may exercise any other right or privilege
given to it expressly by these Protective Covenants or the By -Laws, by the Planned Community Act or
Chapter 55A of the North Carolina General Statutes, and as reasonably implied from or reasonably
necessary to effectuate any such right or privilege. Except as otherwise specifically provided in these
Protective Covenants, the By -Laws, Articles, all rights and powers of the Association may be exercised by
the Board without a vote of the membership.
4.6 Indemnification. To the maximum extent allowed by North Carolina law, the Association
shall indemnify every officer, director, and committee member against all expenses, including counsel fees,
reasonably incurred in connection with any action, suit, or other proceeding (including settlement of any
suit or proceeding, if approved by the then Board) to which he or she may be party by reason of being or
having been an officer, director or committee member. The Association shall, as a Common Expense,
maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if
such insurance is reasonably available.
4.7 Dedication of Common Areas. The Association may dedicate portions of the Common
Areas to any local, state, or federal governmental entity, public agency, authority, or utility for such
purposes and subject to such conditions as may be agreed to by the Association.
4.8 Security. The Association may, but shall not be obligated to, maintain or support certain
activities within the Property designed to make the Property safer than it otherwise might be. NEITHER
THE ASSOCIATION NOR THE DECLARANT (OR ANY SUCCESSOR TO DECLARANT) SHALL
IN ANY WAY BE CONSIDERED AN INSURER OR GUARANTOR OF SECURITY WITHIN THE
PROPERTY, NOR SHALL ANY OF THEM BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY
REASON OF FAILURE TO PROVIDE ADEQUATE SECURITY OR OF INEFFECTIVENESS OF
SECURITY MEASURES UNDERTAKEN. EACH PERSON USING THE PROPERTY ASSUMES
ALL RISKS FOR LOSS OR DAMAGE TO PERSONS, TO LOTS AND TO THE CONTENTS OF
LOTS RESULTING FROM ACTS OF THIRD PARTIES.
4.9 Management and Administration. The management and administration of the Common
Areas and Amenities shall be the sole right and responsibility of the Association. The management shall be

Book 5951 Page 574
carried out in accordance with the terms and conditions of these Protective Covenants, the Arlicles, By -
Laws and Rules and Regulations, but they may be delegated to Manager(s) or a management service.
4.10 Assia=rttnent to Association. Declarant has obtained certain permits and installed various
permitted systems within the Residential Community during the course of developing the Property
including but not limited to (i) Stormwater Management Permit Number SW8 140814, issued by the North
Carolina Division of Environment and Natural Resources ("NCDENR") under NCAC21-1.1000, (ii)
NCDOT Permit #D-065-14-024, and any modifications or amendments to each. Declarant shall assign,
and the Association shall assume all such pennits and systems including but not limited to land use,
stonnwater permits and systems and utility permits, agreements and easements between Declarant and any
governmental agency or department or public or private utility company, whether or not specifically listed
hereinabove. The Association shall, within ten days of a request by Declarant, accept the assignment and
assume such permits and systems. Such obligation to accept assignment of such Permits and systems shall
not be subject to the results of any inspections, analyses or reports. After such an assignment, the
Association shall be responsible for and assume all duties, obligations, and rights and privileges of the
Declarant under such permits, agreements and easements, including all maintenance responsibility, even
if part of the land use, stonnwater system or utility areas covered by the permits, agreements and casements
are not located within the Properly.
Each Lot Owner, by his, her or its acceptance of his, her or its Deed to a Lot acknowledges this
disclosures and agrees to accept his, her or its Lot subject thereto, and further to fully comply with each of
the terms of all applicable Permits. The Permits shall be available for review by any Lot Owner upon
reasonable request.
4.11 Common Area. Unless such conveyance or encumbrance is permitted under the Planned
Community Act, the Common Area shall not be mortgaged, conveyed or encumbered without the consent
of eighty percent (80%) of the Lot Owners, except that Declarant shall not require the consent of Owners
to mortgage, convey or encumber the Common Area during the Class `B" Control Period. In addition,
during the Class "B" Control Period, any such mortgage, conveyance or encumbrance shall also require
the consent of Declarant.
ARTICLE 5
MAINTENANCE
5.1 Association's Responsibility. The Association shall maintain and keep in good repair
the Common Areas, which may include, but need not be limited to:
(a) all landscaping and other flora, parks, and signage for the Residential
Community situated upon the Common Area; structures and improvements situated upon the
Common Area, including any private roads, streets, rights of way and islands within their streets
and cul-de-sacs; ponds, lakes, drain ways, and sidewalks within or upon the Common Area; the
entrance to the Residential Community; picnic areas, shelters, and any other Amenities designated
for the common use of Owners within the Property;
(b) any other Common Area designated by the Board or the Declarant from time to
time in an Amendment to this Declaration.
(c) all trees located in the common areas and the rights of way shall be the
responsibility of the Association and shall be protected from cutting to the same extent that trees

Book 5951 Page 575
on individual Lots are protected by the Architectural Review Committee, in accordance with this
Declaration.
5.2 Owner's Responsibility. Each Owner shall maintain his or her Lot and all structures,
parking areas, landscaping (including trees) and other improvements comprising or located upon the Lot
in a manner consistent with the Community -Wide Standard and all applicable covenants, unless such
maintenance responsibility is specifically assumed by or assigned to the Association. Any fencing which
is not maintained by the Association shall be maintained and kept in good condition and repair by the
Owner of the Lot on which such fencing is located (at such Owner's cost and expense). Each Owner
upon whose Lot there is constructed a fence, a berm or a landscaped buffer, or a landscape easement,
shall be responsible for maintaining such fence, berm, landscaping, or easement consistent with the
Community -Wide Standard and these Protective Covenants. Owner shall not, however, be allowed to
add or remove any landscaping or cut any trees without the prior approval of the Architectural Review
Committee. In addition to any other enforcement rights, if an Owner fails properly to perform his or her
maintenance responsibility, the Association may, but is not required to, perform such maintenance
responsibility and assess all costs incurred by the Association against the Lot and the Owner in
accordance with Section 9.6. The Association shall afford the Owner reasonable notice and an
opportunity to cure the problem prior to entry, except when entry is required due to an emergency
situation.
5.3 Maintenance of Lots. Each Owner shall maintain his or her Lot and all landscaping and
improvements comprising the Lot in a manner consistent with the Community -Wide Standard and these
Protective Covenants, the Articles, the By -Laws, the Rules and Regulations and any other applicable
covenants, unless such maintenance responsibility is otherwise assumed by or assigned to the Association
pursuant to any declaration of covenants applicable to such Lot. If, in the opinion of the Association, any
Owner shall fail to maintain any Lot owned by him in a manner which is reasonably neat and orderly and
as is required by Article 12 herein or shall fail to keep improvements constructed thereon in a state of
repair so as not to be unsightly, all in the sole opinion of the Association, the Association in its discretion,
by the affirmative vote of a majority of the members of the Board of Directors, and following ten (10)
days written notice to Owner, may enter upon and make or cause to be made repairs to such improvements
and perform such maintenance on the Lot as the removal of trash, pressure washing structures or walks,
cutting of grass, pruning of shrubbery, weeding and items of erosion control. The Association shall have
an casement for the purpose of accomplishing the foregoing. The reasonable cost incurred by the
Association in rendering all such services, plus a service charge of thirty percent (30%) of such cost plus
attorney's fees, shall be added to and become an Individual Assessment to which such Lot is subject as
provided in Article 9 herein.
5A Maintenance of Private Access Roads. The Association shall be obligated to repair and
maintain any private access roads/rights of way which constitute Common Area hereunder to standards
consistent with those required for maintenance of public roads by the North Carolina Department of
Transportation. The costs of such repairs and maintenance shall be deemed Common Expenses hereunder.
5.5 Standard of Performance. Maintenance, as used in this Article, shall include, without
limitation, repair and replacement as needed, as well as other duties, as the Board may determine necessary
or appropriate to satisfy the Community -Wide Standard. All maintenance shall be performed in a manner
consistent with the Community -Wide Standard and all applicable covenants.

Book 5951 Page 576
ARTICLE 6
INSURANCE AND CASUALTY LOSSES
The Association shall [maintain adequate and appropriate insurance coverage on all Common
Areas, as provided in the By -Laws of the Association and as required by the Planned Community Act.
ARTICLE 7
SUBDIVISION
No Lot or Lots shall be subdivided except to enlarge an adjoining Lot, but any Lot so enlarged
cannot be improved with more than, or used for any purpose other than, one single family dwelling. An
Owner of a Lot and a portion or all of an adjoining or contiguous Lot or Lots may construct a dwelling or
other structure permitted hereunder upon and across the dividing line of such adjoining and contiguous
Lots. The number of Lots shall remain the same and shall be treated for all put -poses under these Protective
Covenants as two (2) or more Lots. Notwithstanding the preceding provisions of this Article 7 to the
contrary, Declarant shall be entitled to revise and move lot lines of any Lots owned by Declarant as long
as the total number of Lots remains the same.
ARTICLE 8
ANNEXATION AND WITHDRAWAL OF PROPERTY
This Article shall not be amended without the prior written consent of Declarant during the Class
"B" Control Period.
ARTICLE 9
ASSESSMENTS
9.1 Creation of Assessments.
(a) The Association is hereby authorized to levy assessments against each Lot for Association
expenses as the Board may specifically authorize from time to time as more particularly provided in this
Article 9. Each Owner, by accepting a deed or entering into a recorded contract of sale for any portion of
the Property is deemed to covenant and agree to pay these assessments.
(b) All assessments, together with interest from the due date of such assessment at a rate
determined by the Board (not to exceed the highest rate allowed by North Carolina law), late charges,
costs, and reasonable attorney's fees, shall be a charge and continuing lien upon each Lot against which
the assessment is made until paid, as more particularly provided in Section 9.9. Each such assessment,
together with interest, late charges, costs, and reasonable attorney's fees, also shall be the personal
obligation of the Person who was the Owner of such Lot at the time the assessment arose. Upon a transfer
of title to a Lot, the grantee shall bejointly and severally liable for any assessments and other charges due
at the time of conveyance. However, no first Mortgagee who obtains title to a Lot by exercising the
remedies provided in its Mortgage or any individual obtaining title by or through a foreclosure shall be
personally liable for unpaid assessments which accrued prior to such acquisition of title. In the event of
any transfer of title to a Lot, the lien of the assessments shall not be extinguished.
(c) No Owner may exempt himself from liability for assessments by non-use of Common
Area, abandonment of his Lot, or any other means. No diminution or abatement of assessments or set-off
shall be claimed or allowed for any alleged failure of the Association or Board to take some action or
perform some function required of it, or for inconvenience or discomfort arising from the making of repairs
or improvements, or from any other action it takes.
10

Book 5951 Page 577
9.2 Declarant's Obligation for Assessments. During the Class 'B" Control Period, Declarant
shall not be obligated to pay any regular assessments on its unsold Lots. Until the end of the Class "B"
Control Period, all Common Expenses shall be borne by the Owners of Lots sold by Declarant to
unaffiliated third parties (and assessments on Declarant's unsold Lots will only be payable to the extent
needed to cover any shortfall not otherwise payable by assessments under this Article 9). After the
expiration of the Class "B" Control Period, any unsold Lots owned by Declarant shall be subject to
assessment on the same tennis as all other Lots.
9.3 Computation of Master Assessment. On or before the end of each calendar year, the Board
shall prepare and distribute to the Members a budget covering the estimated Common Expenses during the
coming year (including, without limitation, a capital contribution to establish a reserve fund in accordance
with a budget prepared as provided in Section 9.4) as and to the extent required in the Planned Community
Act.
9.4 Capital Reserve Budget. The Board shall annually prepare a capital reserve budget for
maintenance and replacement of capital improvements which shall take into account the number and nature
of replaceable assets, the expected life of each asset, and the expected repair or replacement cost.
9.5 Special Assessments. In addition to other authorized assessments, the Association may
levy Special Assessments from time to time to cover capital improvements or unbudgeted expenses
(including, without limitation, expenses required to complete repair, maintenance and/or clean-up which
the Board deems necessary or advisable after a storm, hurricane or other casualty event) or other expenses
in excess of those budgeted. The Board may establish the amount of the Special Assessment if it is Two
Hundred Fifty Dollars (5250.00) or less in any assessment year for each Member. All other Special
Assessments shall require the affirmative vote of sixty-seven percent (67%) of Members present and voting
in person or by proxy which will be subject to such Special Assessment, and the affirmative vote or written
consent of the Class "B" Member, if such exists. Special Assessments shall be payable in such manner and
at such times as determined by the Board, and may be payable in installments extending beyond the fiscal
year in which the Special Assessment is approved.
9.6 Individual Assessments. The Board shall have the power to levy hndividual Assessments
against a particular Lot or Lots constituting less than all Lots within the Property as follows:
(a) to cover the costs, including overhead and administrative costs, of providing
benefits, items, or services to the Lot or occupants thereof upon request of the Owner
pursuant to a menu of special services which the Board may from time to time authorize to be
offered to Owners (which might include, without limitation, landscape maintenance, handyman
service, pest control, etc.), which assessments may be levied in advance of the provision of the
requested benefit, item or service as a deposit against charges to be incurred by the Owner;
(b) to cover costs including overhead and administrative costs and reserves incurred
for maintenance, repair and replacement of any private roads, signs, mail boxes, fences and berms
which are constructed for the benefit of certain specified lots;
(c) to cover costs incurred in bringing the Lot into compliance with the terns of these
Protective Covenants, including, without limitation, Sections 5.2 and 5.3 any applicable
Amendments, the Articles, the By -Laws, Rules and Regulations, or Design Guidelines or costs
incurred as a consequence of the conduct of the Owner or occupant of the Lot, their lessees,
licensees, invitees, or guest; provided, the Board shall give the Lot Owner prior written notice and

Book 5951 Page 578
an opportunity for a hearing before levying an Individual Assessment under this subsection (c);
and
9.7 Working Capital Assessment. Upon the conveyance of title to any Lot to anyone other
than an Approved Builder, the acquiring Owner shall contribute to the Association, as working capital, a
working capital assessment equal to one year of the then budgeted annual assessment for such Lot. Such
funds shall be used for operating and capital expenses of the Association, including but not limited to,
prepaid insurance, supplies, utilities and equipment, capital improvements and repairs, reserves, etc.
Amounts paid into the working capital fund are not to be considered advance payment of regular
assessments. All working capital funds shall become part of the general operating funds of the Association.
9.8 Date of Commencement of Master Assessments and Due Dates. The Master Assessments
provided for herein shall commence on the date of conveyance of each Lot to an Owner other than
Declarant, and regardless of whether developed or undeveloped. The due dates shall be established by the
Board of Directors.
9.9 Lien for Assessments.
(a) All assessments authorized in this Article shall constitute a lien against the
Lot against which they are levied until paid. Such lien shall secure not only sums due the
Association on the date of filing as set forth in Section 9.9 (b) below, but also any sums due t the
Association after the date of filing. Further, the lien shall secure payment of interest, late charges
(subject to the limitations of North Carolina law), and costs of collection (including reasonable
attomcy's fees). Such lien shall be superior to all other liens, except (a) the liens of all taxes,
bonds, assessments, and other levies which by law would be superior; and (b) the lien or charge
of any recorded first Mortgage made in good faith and for value. Such lien, when delinquent, may
be enforced by suit, judgment, and judicial or non judicial foreclosure.
(b) The Association may record notice of the claim of lien in the Office of the
Clerk of Superior Court of New Hanover County or file a suit to collect such delinquent
assessments and charges. The Association may file Notice of Lis Pendens, bring an action at law
against the Owner personally obligated to pay the same and/or bring an action to foreclose the
lien against the property, or utilize any other remedy provided under North Carolina law. No
Owner may waive or otherwise escape liability for the assessments provided for herein.
(c) Upon foreclosure of the lien referenced in this Section 9.9, the Association
may bid for the Lot at the foreclosure sale and acquire, hold, lease, mortgage, and convey the Lot.
While a Lot is owned by the Association following foreclosure: (a) no right to vote shall be
exercised on its behalf, (b) no assessment shall be levied on it; and (c) each other Lot shall be
charged, in addition to its usual assessment, its pro rata share of the assessment that would have
been charged to such Lot, had it not been acquired by the Association. The Association may sue
for unpaid assessments and other charges authorized hereunder without foreclosing or waiving
the lien securing the same.
9.10 Effect of Nonpayment of Assessments: Remedies of the Association: Any assessments
or portion thereof which are not paid when due shall be delinquent. If the assessment or any portion
thereof is not paid within thirty (30) days after the due date, the same shall bear interest from the date of
delinquency at a rate not to exceed the maximum legal rate allowed in the State of North Carolina per
annum and in addition, a late fee shall be assessed in such amount as may be determined by the Board of
Directors. The Association may bring an action against the Owner personally obligated to pay the same,
12

Book 5951 Page 579
or foreclose the lien against the property in the same manner as provided in North Carolina for the
foreclosure of deeds of trust, or both, and, in either event, interest, costs and reasonable attorney's fees of
any such action shall be added to the amount of such assessment. The sale or transfer of any Lot shall not
affect the assessment lien or relieve such Lot from the lien for any subsequent assessments.
9.11 Failure to Assess. Failure of the Board to fix assessment amounts or rates or to
deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification, or a release
of any Owner from the obligation to pay assessments. In such event, each Owner shall continue to pay
Master Assessments on the same basis as for the last year for which an assessment was made, if any, until
a new assessment is made, at which time the Association may retroactively assess any shortfalls in
collections.
9.12 Exempt Property. The following property shall be exempt from payment of Master
Assessments, Service Assessments and Special Assessments:
(a) all Common Areas;
(b) any property dedicated to and accepted by any governmental authority or public
utility;
(c) any Lot which is not approved by any governmental agency for residential use;
and
(d) any Lot or property owned of record by the Declarant, its successors or assigns,
except as otherwise provided in Section 9.2.
9.13 Service Assessments. The Board shall have the power to levy Service Assessments
against a particular Lot or Lots constituting less than all Lots within the Properties to cover the costs,
including overhead and administrative costs, of providing specialized maintenance and/or landscaping
services to such Lots and the occupants thereof (unless such maintenance is part of the services provided
by the Association to Owners generally, in which case the cost of such maintenance shall be included in
the Master Assessment). Such assessments may be levied in advance of the provision of the requested
benefit, item or service as a deposit against charges to be incurred by the Owner.
9.14 Surplus Funds. Any excess of Association income over Common Expenses (as defined
in Section 1.10 herein and which shall include reasonable reserves) shall be applied against the subsequent
tax year's general assessments.
ARTICLE 10
DESIGN GUIDELINES
10.1 General.
(a) No structures, buildings, improvements or construction, which shall include
within its definition, clearing, grading, tree removal, excavation and other site work, shall be
commenced, erected, or maintained upon any Lot or the Property, nor shall any exterior addition
to or change or alteration therein (including, without limitation, any change of color) be made
to any Lot, except in compliance with this Article and the Design Guidelines, nor shall any such
work commence until the plans and specifications showing the nature, kind, shape, heights,
materials, and location of the same shall have been submitted to and approved in writing as to
13

Book 5951 Page 580
harmony of external design and location in relation to surrounding structures and topography by
the Committee according to the provisions of Section 10.2. Structures, buildings and
improvements shall include, but not be limited to, any dwelling, garage, fence, wall, sidewalk,
hedge, tree, mass planting, change in grade or slope, drainage pipe, drainage canal, ditch, Swale,
catch basin, swimming pool, treehouse, playhouse, sign, flag pole, antenna, satellite dish,
exterior illumination, monument or marker, outdoor statuary, exterior lights, security lights,
storm door, well utility facility, patio, deck, screening for outdoor trash cans or other purposes,
sprinkler or irrigation system, driveway, outdoor decorative objects, shrubbery or landscaping.
(b) Any Owner may remodel, paint or redecorate the interior of structures on his Lot
without approval. Approval of the Committee shall, however, be required to repaint the exterior
of a structure even in accordance with the originally approved color scheme or to rebuild in
accordance with originally approved plans and specifications.
(c) This Article shall not apply to the activities of the Declarant, nor to improvements
to the Common Areas by or on behalf of the Association.
(d) During the Class "B" Control Period, this Article may not be amended without
the Declarant's written consent.
(e) Any trees within the Common Areas and rights of way, regardless of whether they
are on an individual Lot Owner's Lot, shall not be removed pursuant to the New Hanover County
Technical Review Committee approval of the Preliminary Plan for Cottage Grove.
10.2 Architectural Review.
(a) Architectural Review Committee (herein "Committee"). The Committee shall
consist of at least three, but not more than five, persons and shall have exclusive jurisdiction over
all construction on any portion of the Property. For as long as Declarant or an Approved Builder
owns any Lot within the Property, the Declarant retains the right to appoint all members of the
Committee who shall serve at the Declarant's discretion. After the sale of the last Lot owned by
Declarant or the Approved Builder to a third party, the Board shall be entitled to appoint the
members of the Committee, who shall serve and may be removed in the Board's discretion.
(b) Responsibility for administration of the Design Guidelines, as defined below,
and review of all applications for construction and modifications under this Article shall be
handled by the Committee as described in section 10.4 below. The members of the Committee
need not be Members of the Association and may, but need not, include architects, engineers or
similar professionals, whose compensation, if any, shall be established from time to time by the
Board. The Board may establish and charge reasonable fees for review of applications
hereunder and may require such fees to be paid prior to review.
10.3 Guidelines and Procedures. The Declarant shall prepare the initial Design Guidelines
and application and review procedures (the "Design Guidelines") which shall apply to all construction
activities within the Property. The Design Guidelines may contain general provisions applicable to all of
the Properties, as well as specific provisions which vary from one portion of the Property to another
depending upon the location, unique characteristics, and intended use. The Committee shall adopt such
Design Guidelines at its initial organizational meeting and thereafter shall have sole and full authority to
amend them subject to the approval of the Board of Directors. The Committee shall make the Design
14

Book 5951 Page 581
Guidelines available to Owners who seek to engage in development or construction within the Property
and all such Persons shall conduct their activities in accordance with such Design Guidelines,
10.4 Submission of Plans and Specifications.
(a) No construction or improvements, as specified in Section 10.1(a), shall be commenced,
erected, placed or maintained on any Lot, nor shall any exterior addition, change or alteration be made
thereto, until the plans and specifications ('Plans") showing site layout, structural design, exterior elevations,
exterior materials and colors, signs, landscaping, drainage, lighting, irrigation, utility facilities layout and
screening shall have been submitted to and approved in writing by the Committee. The Design Guidelines
shall set forth the procedure for submission of the Plans. A reasonable fee for the review of said plans may
be required by the Committee, in which case such fee shall be submitted along with said Plans and any other
supporting documents required by Conunittee. The Board or the Committee may also require an additional
security deposit to be posted prior to the commencement of any construction or work, which sum shall be
used to collect any fees, fines or penalties incurred during construction or work. If such a security deposit is
required, any portion of the security deposit remaining upon the completion of construction shall be returned
to the Owner,
(b) In reviewing each submission, the Committee may consider (but is not required to
consider or limited to considering) visual aesthetics, natural platforms and finish grade elevations,
harmony of external design with surrounding structures and environment, and location in the relation to
surrounding structures and plant life. The Committee may require relocation of native plants within the
construction site as a condition of approval of any submission. Location of any driveways shall be subject
to the approval of the Committee.
(c) The Association shall have the right to refuse to approve any plans and specifications or
grading plans which are not suitable or desirable, in its sole discretion, for aesthetic or any other reasons.
In so approving such plans, specifications and grading plans, the Association shall consider the suitability
of the proposed building, improvements, structure, or landscaping and the materials of which it is to be
built, the site upon which it is proposed to erect the same, the harmony thereof with the surroundings, and
the effect thereof on the adjacent or neighboring property.
(d) No bulldozing or clearing of trees or excavation of lakes or ponds shall be commenced
until the plans, specifications and grading plans showing the nature, kind, shape and location of work to
be done shall have been submitted to and approved in writing by the Association and a copy thereof, as
finally approved, filed permanently with the Association.
(e) The Committee shall, within forty-five (45) days after receipt of each submission of the
Plans, advise the party submitting the same in writing, at an address specified by such party at the time
of submission, of (i) the approval of Plans, or (ii) the segments or features of the Plans which are deemed
by such committee to be inconsistent or not in conformity with these Protective Covenants and/or the
Design Guidelines, the reasons for such funding, and suggestions for the curing of such objections. in the
event the Committee fails to advise the submitting party by written notice within the time set forth above
of either the approval or disapproval of the Plans, approval shall be deemed to have been given. Notice
shall be deemed to have been given at the time the envelope containing such notice, properly addressed,
and postage prepaid, is deposited with the U.S. Postal Service, registered or certified mail, return receipt
requested. Personal delivery of such written notice shall, however, be sufficient and shall be deemed to
have given at the time of delivery.
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Book 5951 Page 582
(f) If constriction does not commence on a project for which Plans have been approved within
twelve (12) months of such approval, such approval shall be deemed withdrawn, and it shall be necessary
for the Owner to resubmit the Plans for reconsideration.
(g) Once construction has been initiated on a Lot, the Owner thereof must complete such
construction within eighteen (18) months, If an Owner does not comply with such schedule, then Declarant,
the Board and the Association shall each have the right (but not the obligation) to complete such construction
on Owner's behalf and at such Owner's expense. In the event the Declarant, the Board or the Association
exercises the right provided in the immediately preceding sentence, then Declarant, the Board and/or the
Association (as the case may be) shall be entitled to collect from such Owner, in addition to a reimbursement
of all costs expended in the completion of construction of the Lot, an administrative fee for such work,
which fee shall be equal to twenty percent (20%) of the costs incurred by such party in completing the
work. Any and all of the foregoing costs and fees that may be incurred by or payable to Declarant, the
Board and/or the Association shall be a charge and continuing lien upon such Lot until paid, and Declarant,
the Board and/or the Association may bring an action against such Owner, or foreclose the lien against the
property in the same manner as provided in North Carolina for the foreclosure of deeds of trust, or both,
and, in either event, interest, costs and reasonable attorney's fees of any such action shall be added to the
amount payable to Declarant, the Board and/or the Association.
10.5 No Waiver of Future Approvals. Each Owner acknowledges that the members of the
Committee will change from time to time and that interpretation, application and enforcement of the
Design Guidelines may vary accordingly. Approval of proposals, plans and specifications, or drawings
for any work done or proposed, or in connection with any other matter requiring approval, shall not be
deemed to constitute a waiver of the right to withhold approval as to any similar proposals, plans and
specifications, drawings, or other matters subsequently or additionally submitted for approval.
10.6 Variance. The Committee may authorize in its discretion reasonable variances or
adjustments from compliance with any of its guidelines and procedures in order to alleviate practical
difficulties and hardship in their enforcement and operation. Such variances may only be granted, however,
when unique circumstances dictate and no variance shall (a) be effective unless in writing; or (b) stop the
Committee from denying a variance in other circumstances. Any such variances shall not violate the spirit
or the intent of this document to create a subdivision of Lots owned in fee by various persons with each
such Owner having an easement upon areas owned by the Association.
10.7 Limitation of Liability. The standards and procedures established or authorized by this
Article is intended as a mechanism for maintaining and enhancing the overall aesthetics of Cottage Grove.
Review and approval of any application pursuant to this Article is made on the basis of aesthetic
considerations only and the Committee shall not bear any responsibility for ensuring the structural
integrity or soundness of approved construction or modifications, nor for ensuring compliance with
building codes and other governmental requirements, nor for ensuring that all dwellings are of comparable
quality, value or size, of similar design, or aesthetically pleasing or otherwise acceptable to neighboring
Lot owners. Neither the Declarant, the Association, the Board, nor the Committee, shall be held liable for
any injury, damages, or loss arising out of the review and approval of any application, including, but not
limited to, the granting of a variance, the manner or quality of construction, or defects in any plans or
specifications, or deficiencies in kind or quality of materials used, or any soil conditions, drainage or site
work propose or approved, or for ensuring compliance with building codes and other governmental
requirements.
10.8 Enforcement.
T

Book 5951 Page 583
(a) Any structure or improvement placed or made in violation of this Article shall be
deemed to be nonconforming. Upon written request from the Board or the Declarant, Owners shall,
at their own cost and expense, remove such structure or improvement and restore the land to
substantially the same condition as existed prior to the nonconforming work. Should an Owner
fail to remove and restore as required within thirty (30) days of being notified, then Declarant, the
Board and the Association shall each have the right to enter the property, remove the violation,
and restore the property to substantially the same condition as previously existed; provided
however, if the violation is deemed by the Board or Declarant, in their sole discretion, to be a
safety hazard or require immediate remediation, then the Board or Declarant may intmediately
take the actions authorized hereunder to remove the violation. All costs, legal and other
professional fees and expenses, together with the interest at the maximum rate then allowed by
law, may be assessed against the Lot's Owner and the benefitted Lot and collected as an Individual
Assessment. In the event the Declarant, the Board and/or the Association exercises any right
provided above in this Section 10.8(a), then Declarant, the Board and/or the Association (as the
case may be) shall be entitled to collect from the relevant Owner, in addition to a reimbursement
of all costs expended in the removal of the violation and/or the restoration of the property, an
administrative fee for such work, which fee shall be equal to thirty percent (30%) of the costs
incurred by such party in performing the work.
(b) Any contractor, subcontractor, agent, employee, or other invitee of an Owner who
fails to comply with the terns and provisions of this Article and the Design Guidelines may be
excluded by the Board from the Properties. In such event, none of the Association, its officers, or
its directors shall be held liable to any Person for exercising the rights granted by this paragraph.
(c) The Association shall have the authority to establish fines for violations of this
Article and the Design Guidelines, including fines for continuing violation & the fine amounts
may be deducted from any bond posted. If the fines are not paid, the Association may establish an
Individual Assessment in accordance with the provisions of Section 9.6.
(d) In addition to the foregoing, the Association shall have the authority and standing
to pursue all legal and equitable remedies available to enforce the provisions of this Article and
the decisions of the Committee.
10.9 Architectural Change Committee. At the discretion of the Declarant (or, if after the
expiration of the Class "B" Control Period, at the discretion of the Association), either Declarant or the
Association (as the case may be) shall have the option, but not the obligation, to establish an Architectural
Change Committee to review minor changes or renovations to improvements previously approved by the
Committee. If the Declarant or the Association elects to establish such an Architectural Change
Committee, the Board shall establish guidelines regarding the operation and jurisdiction of such committee
and shall appoint its members, each of whom shall serve and may be removed in the Board's discretion.
Additionally, during the Class "B" Control Period, the Declarant shall have the right to remove and replace
any member of the Architectural Change Commnittee.
ARTICLE I
USE GUIDELINES AND RESTRICTIONS
11.1 Plan of Development; Applicability: Effect.
(a) Declarant has created the Residential Community as a residential development and, in
furtherance of its and every other Owner's interest, has established a general plan of development for the
17

Book 5951 Page 584
Residential Community. Accordingly, the Property is subject to guidelines and restrictions governing land
use, individual conduct, and uses of or actions upon the Property, as provided in this Article 11. These
Protective Covenants establish affirmative and negative covenants, easements, and restrictions (the "Use
Guidelines and Restrictions").
(b) All provisions of these Protective Covenants and of any Association rules shall also apply
to all occupants, lessees, guests and invitees of any Lot. Any lease on any Lot shall provide that the lessee
and all occupants of the leased Lot shall be bound by the terms of these Protective Covenants, the By -
Laws, and the rules of the Association.
11.2 Rules and Regulations. Subject to the terms of this Article 11 upon a majority vote of
the Board, the Association may, from time to time adopt, amend and repeal Rules and Regulations with
respect to all aspects of the Association's rights, activities and duties under this Declaration. The Rules
and Regulations may, without limitation, govern use of the Residential Community, including prohibiting,
restricting or imposing charges for the use of any portion of the Residential Conununity by Owners,
Residents or others, interpret this Declaration or establish procedures for operation of the Association or
the administration of this Declaration; provided, however, that the Rules and Regulations shall not be
inconsistent with this Declaration, the Articles, or Bylaws. A copy of the Rules and Regulations, as they
may from time to time be adopted, amended or repealed, shall be maintained in the office of the
Association and shall be available to each Owner upon request.
11.3 Owners' Acknowledgment.
(a) All Owners and all Property are subject to the Use Guidelines and
Restrictions and are given notice that (a) their ability to use their privately owned property is
limited thereby, and (b) the Board may add, delete, modify, create exceptions to, or amend the
Use Guidelines and Restrictions in accordance with Section 11.2.
(b) Each Owner, by acceptance of a deed, acknowledges and agrees that the use
and enjoyment and marketability of his or her property can be affected by these provisions, agrees
to be bound thereby, and that the Use Guidelines and Restrictions and Hiles may change from
time to time.
11.4 Rights of Owners. Except as may be specifically set forth in Section 11.5 the Board may
not adopt any rule in violation of the following restriction: No rules shall interfere with the activities
carried on within the confines of Lots, except that the Association may prohibit activities not normally
associated with property restricted to residential use, and it may restrict or prohibit any activities that
create monetary costs for the Association or other Owners, that create a danger to the health or safety of
occupants of other Lots, that generate excessive noise or traffic, that create unsightly conditions visible
outside the Lot, that block the views from other Lots, or that create an unreasonable source of annoyance,
or that create a nuisance.
11.5 . Use Guidelines and Restrictions.
(a) General. The Properties shall be used only for residential and related purposes (which may
include, without limitation, offices for any property manager retained by the Association, business or sales
offices for the Declarant or the Association, and certain recreational uses ancillary to home ownership or
as pennitted in the Common Areas), except as otherwise provided herein. No commercial use shall be
permitted on any Lot except in accordance with Section 11.5(1).
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Book 5951 Page 585
(b) Animals and Pets. No animals, livestock or poultry of any kind shall be raised, bred,
kept or maintained on any Lot or in any dwelling except a limited number of domestic household pets,
which limit may be set by the Board. Domestic household pets may not be raised, bred, or kept for any
commercial purpose. Pets must be ]cashed at all times when off Owner's Lot and droppings must be
immediately removed. Any related fines assessed by the Association shall become an Individual
Assessment in accordance with Article 9. All parties are hereby notified that, in the event any dog kept
or maintained on a Lot or in any dwelling on the Properties barks excessively, continuously or in a
manner that constitutes a nuisance, the Board may require such dog to wear a collar designed to reduce
or control such excessive barking (provided that such action shall in no event limit any other rights or
remedies for such situation that may be available to the Board or to any other parties at law or in equity).
(c) Placement of Outdoo Clothes Drying Structure. No outdoor poles, clotheslines or similar
equipment shall be erected or located on any Lot.
(d) Offensive and illegal Activities. No immoral, improper, illegal, noxious or offensive
activity shall be carried on upon any Lot, nor shall anything be done thereof tending to cause
embarrassment, discomfort, annoyance or nuisance to the Association, the Declarant or any Owners. There
shall not be maintained any plants or animals, odors, fumes, or device or anything of any sort whose
normal activities or existence are in any way noxious, dangerous, unsightly, unpleasant or of a nature as
may diminish or destroy the enjoyment of other property in the neighborhood by the Owners thereof. All
laws, orders, rules, regulations, ordinances or requirements of any government agency having jurisdiction
thereof, relating to any parties of the property, shall be complied with, by or at the sole expense of the
Owner or of the Association, whichever shall have the obligation to maintain or repair such portion of the
property.
(e) Parking. Parking of vehicles on any street in the Property shall be allowed only in
accordance with such rules, regulations or policies established by the Board of Directors. No truck or other
vehicle in excess of a three-quarter (3/4) ton load capacity, boat, vessel, motorboat, camper, trailer, motor
or mobile home, or similar type vehicle or apparatus shall be parked or kept overnight or longer, on any
street or on any Lot unless it is stored in an enclosed garage or in such a manner as to not be visible to the
Owners of other Lots or the users of a street or Common Area (it being agreed that if any screening or other
improvements or landscaping used for the purpose of preventing visibility of such items shall be subject to
the architectural review provisions of these Protective Covenants). All tools or other materials stored in
vehicles for overnight parking shall be kept out of sight. No vehicles or equipment which are unsightly in
appearance as determined by the Board of Directors shall be allowed.
(f) Repair or Removal of Buildings. Any dwelling or improvement on any Lot that is
destroyed in whole or in part by fire or other casualty shall be either rebuilt or torn down and all debris
removed and the Lot restored to a sightly condition with reasonable promptness, provided, however, that
in no event shall such debris remain on such Lot longer than three (3) months. If a replacement dwelling or
improvement is to be constructed, the replacement structure must be approved by the Committee in
accordance with Article 10.
(g) Outside Burning. No outside burning shall be permitted except as may be approved by the
Board in advance (provided that in no event shall burning be permitted except in compliance with all
applicable governmental regulations). Notwithstanding the foregoing, outside fire places and fire pits
where the flames are contained within a secure structure shall be allowed.
(h) Sigm For as long as the Declarant, its successors or assigns, or an Approved Builder, owns
any land within the Residential Community, no "For Sale" signs shall be allowed on any Lot. Declarant,
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Book 5951 Page 586
its successors or assigns, and any Approved Builder, has the absolute right to remove any such signage, and
shall not be liable to the sign owner, or the Lot Owner for trespass, conversion, destruction, or any other
legal recourse. Subject to the foregoing, all signs must be approved by the Committee prior to installation.
The Committee may approve or reject any request for signage, or may approve with conditions including
size limits. Subject to applicable law, no signs, billboards, political signs or other advertising structure(s)
of any kind shall be erected on any Lot or displayed to the public on any Lot subject to these restrictions
without prior written approval of the Committee. This covenant shall not apply to signs erected by the
Declarant, including signs used to identify and advertise the Property as a whole. Declarant or Committee
has the right to enter upon the Lot and remove any unapproved sign. Without limiting the foregoing, the
Committee shall issue guidelines from time to time outlining the Residential Community's policy for the
posting of "for sale" signs and similar temporary signs by or upon any Lot (which policy shall include the
permitted dimensions and appearance of such signs and may even prohibit such signs altogether).
0) Hunting and Fishing. No hunting, fishing, or discharge of firearms within the subdivision
is permitted.
0) Garbage. Garbage and trash shall be disposed by Owners in accordance with the rules and
regulations of the Association. All trash receptacles and garbage cans shall be screened so as not to be
visible by the Owners of other Lots or the users of any street or Common Area. All such screening shall be
approved by the Committee. For the safety of the Community and to decrease congestion and wear and
tear on the Common Areas, the Association may impose a requirement that a single refuse collection
company shall be used by all Lot Owners for trash and garbage removal in the Residential Community.
(k) Antennas. No outside antennas or satellite dishes shall be erected on any Lot or structure
unless and until permission for the same has been granted by the Committee. The design and location of
the dish shall be approved by the Committee.
(1) Restricted Activities. The following activities are prohibited within the Property unless
expressly authorized by the Board subject to any conditions imposed by the Board:
(i) Activities which materially disturb or destroy the vegetation, wildlife, water or air
quality within the Property or which use excessive amounts of water or which result in
unreasonable levels of sound or light pollution;
(ii) Any Business or Trade, except that an Owner or occupant residing in a Lot may
conduct business activities within the Lot so long as: (a) the existence or operation of the activity is
not apparent or detectable by sight, sound, or smell from outside the Lot; (b) the activity does not
involve visitation of the Lot by clients, employees, agents, customers, suppliers, or other business
invitees, delivery services, or door-to-door solicitation of residents of the Property; and (c) the
activity is consistent with the residential character of the Property and does not constitute a nuisance,
or a hazardous or offensive use, or threaten the security or safety of other residents of the Property,
as may be determined in the sole discretion of the Board.
(iii) Nothing shall be kept and no activity shall be carried on in any building, structure
or hone or on the Common Area which will increase the rate of insurance, applicable to residential
use, for the property or the contents thereof. No Owner shall do or keep anything, nor cause or
allow anything to be done or kept, in his home or on the Common Area which will result in the
cancellation of insurance on any portion of the property, or the contents thereof, or which will be
P

Book 5951 Page 587
in violation of any law, ordinance, or regulation. No waste shall be committed on any portion of
the Common Area.
(m) Property Damage. Owners shall be responsible for any damage done to any streets,
roadways, access ways, curbing, street gutters, sidewalks, Common Areas or property of other Owners
within the Property which may be caused by any Owner, his agents, contractor or its subcontractor lessees,
employees, guests, licensees or invitees. The Association shall have the authority to assess any Owner for
such damage and such charge shall be an Individual Assessment against the Owner and his Lot(s) and may
be enforced in accordance with the provisions of Article 9 herein.
(n) Junk Vehicles. No stripped, partially wrecked, junk motor vehicle, or part thereof, or any
motor vehicle not displaying a current valid inspection sticker and current license plates shall be permitted
to be parked or kept on any Lot.
(o) Fuel Tanks. No fuel tanks or similar storage receptacles may be exposed to view. The
placement of any such receptacles may be approved by the Committee or Declarant and may only be located
within the main dwelling house, within an accessory building, within a screened area, or buried
underground.
(p) Mailboxes. Lots shall be served by a single mailbox bank or kiosk. No mailboxes shall
be installed or allowed to remain on any Lot which has a mailbox within such mailbox kiosk.
(q) Outdoor Objects. No outdoor statuary, flags or other decorative objects may be placed on
any Lot without the written approval of the Committee. The American Flag no larger than 3 feet x 5 feet
may be flown on a pole no longer than 5 foot 6 inches from a pole holder attached to the home in an
approved location which can be reached by hand from the ground below so as to be easily installed and
removed. Any flags will be displayed in accordance with traditional rules and regulations governing the
flying and display of the American Flag.
(r) Alteration of Common Area. No person shall undertake, cause, or allow any alteration or
construction in or upon any portion of the Common Area except at the direction of and with the express
written consent of the Committee.
(s) Use of Common Areas. The Common Areas shall be used only for the purposes for
which they are intended and reasonably suited and which are incident to the use and occupancy of the
homes, subject to any Rules or Regulations that may be adopted by the Association hereunder or pursuant
to its By -Laws.
(t) Storage of Personal Property. All lawn mowers, bicycles, toys, sports equipment, grills
and other similar objects must be stored when not in use so as not to be visible by the Owners of other Lots
or the users of any street or Common Area.
(u) Exterior Features and Structures. All exterior storage areas, utility areas, and service
yards or areas are to be screened from view from streets and adjacent properties by an enclosure, fence,
wall or natural landscape materials. Any screening shall be subject to the architectural review
requirements of these Protective Covenants.
(v) Road Use. The roads are to be used by vehicles or pedestrians for the purposes of
transportation. At no time shall any vehicle exceed the speed limit as determined by the Association or the
applicable governmental authority. The Association is entitled to adopt reasonable rules and regulations
21

Book 5951 Page 588
regarding the supervision, maintenance, control, parking, regulation and use of the roads and promenades,
and to enforce the same in any lawful manner which may include, but not be limited to, the imposition of
fines for violations thereof, which fines shall be hidividual Assessments and may be enforced in
accordance with the provisions of Article 9.
(w) Declarant's Activities. (i) This subsection 11.5 shall not apply to any activity conducted
by the Declarant or its assigns with respect to its development and sale of the Property or any commercial
activities of the Declarant or its assigns, including any sales office maintained by Declarant or its assigns,
and (ii) Declarant shall be specifically authorized to rent or lease any Lot which it owns or manages for
other Owners, and to maintain model Lots or sales offices in any Lot which it owns or leases.
11.6 Stormwater Runoff Rules. The covenants in this Section 11.6 are intended to ensure
g compliance with State Stormwater Management Permit Number SW8 140814 (ihe "Permit") -as
by the North Carolina Division of Environment and Natural Resources ("NCDENR") under
(a) The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Permit.
(b) The covenants under this Section 11.6 are to run with the land and be binding on
all persons and parties claiming under them.
(e) The covenants under this Section 11.6 pertaining to stormwater regulations may
not be altered or rescinded without consent of NCDENR.
(d) Alteration of the drainage as shown on the plans for the Subdivision approved by
NCDENR may not take place without the concurrence of NCDENR.
(e) The maximum built upon area per Lot is set forth as Exhibit C a tached hereto
and is defined by the referenced Permit. 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, driveways, and parking areas, but
does not include raised, open wood decking or the water surface of swimming pools.
(f) All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters wltich 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.
(g) Built -upon area in excess of the permitted amount will require a
modification.
(h) Any individual or entity found to be in noncompliance with the provisions of
stonmwater management penmit or the requirements of the stormwater rules is subject
enforcement procedures as set forth in N.C.G.S. 143, Article 21.
0) Declarant hereby reserves the right to impose additional restrictions upon the
Property as and to the extent required by the tenns of the Permit. Further, Declarant may re-
allocate any unused BUA for any Lot to any other Property within Cottage Grove, by modifying
22

Book 5951 Page 589
the Stonnwater Permit. Such additional restrictions, or pennitted reallocation of BUA, may be
imposed or established by Declarant, by the recording of an Amendment to the Declaration, and
no joinder or consent of the Association or any Owner or other Person shall be.requir:ed._�
EASEMENTS
12.1 Easements for Utilities and Other Set -vices. There are hereby reserved unto Declarant (for
the duration of the Class "B" Control Period) and unto the Association, and the designees of each, access
and maintenance easements upon, across, over, and under all of the Property to the extent reasonably
necessary for the purpose of replacing, repairing, and maintaining any cable television system, any master
television antenna system, irrigation systems, any security and similar systems, roads, ponds, lakes,
drainage systems, street lights, signage, and all utilities, including, but not limited to, water, sewer, meter
boxes, telephone, garbage pickup, and electricity, irrigation and for the purpose of installing any of the
foregoing on property which it owns or within easements designated for such purposes in these Protective
Covenants or on recorded plats of the Property. Any damage to a Lot resulting from the exercise of this
easement shall promptly be repaired by, and at the expense of, the Person exercising the easement rights.
Utilities may not be installed or relocated on the Property, except as approved by the Board or Declarant.
12.2 Easement for Utility Installation.
(a) All of the Property, including Lots and Common Area, shall be subject to a
perpetual non-exclusive casement for water lines, sanitary sewers, storm drainage facilities,
telephone and electric power lines, television antenna lines, and other public utilities as shall be
established by the Declarant as may hereinafter be designated on any plat or rcplat of parcels
within the Residential Community whether the same be within the boundaries of any Lot(s).
(b) Easements and rights of way over and upon (i) the rear, front and side five (5)
feet of each Lot for installation and maintenance of drainage facilities, and (ii) the front ten (10)
feet of each lot and any lot boundary abutting a street or road, for the installation and
maintenance of utilities and services, including, without limitation, water, sewer, power, cable,
internet and gas facilities, are reserved to Declarant and its successors and assigns for such
purposes as Declarant may deem incident and appropriate to its overall development plan. If the
side setback is less than ten (10) feet then the reserved easement shall be the width of the setback.
The easements and right of way areas reserved by Declarant on each Lot pursuant hereto shall
be maintained continuously by the Owner, but no structures or plantings or other material shall
be placed or permitted or remain upon such areas or other activities undertaken thereon which
may damage or interfere with the installation or maintenance of drainage, utilities or other
services, or which may retard, obstruct or reverse the flow of water or which may damage or
interfere with established slope ratios or create erosion problems. These easements and rights
reserved herein expressly include the right to cut any trees, bushes or shrubbery, make any
grading of the soil, or to take any other similar action reasonably necessary in the opinion of the
Declarant to provide for the economical and safe installation of any utilities, services, or drainage
systems. The Declarant shall have no maintenance responsibilities for such easement areas.
(c) The Declarant reserves a perpetual, non-exclusive easement for the installation,
maintenance and repair of water, sewer, drainage and all other utilities within the right of way of
all roads and streets and other areas as shown on the recorded plats of the Property which
easement may be exercised by Declarant.or any public or private entity charged with the
responsibility of maintenance and repair.
23

Book 5951 Page 590
(d) The Association hereinafter may grant easements for utility purposes for the
benefit of the Property and the Lots now or hereafter located thereon, over, under, along and
through the Conunon Areas. Provided, however, that no such grant of easement shall have a
material adverse effect on the use, enjoyment or value of any Lot.
12.3 Easements for Cross -Drainage.
(a) Every Lot and the Common Area shall be burdened with easements for drainage of water
runoff firm other portions of the Property; provided, no Lot Owner shall alter the drainage on any Lot so
as to materially increase the drainage of water onto adjacent portions of the Property without the consent
of the Owner of the affected property. Additionally, no owner may create any obstruction (including
fences) within the Five Foot (5') wide drainage easement located along each property line.
(b) The Property is burdened with a permanent right of use easement for the benefit of the
Declarant and its successors and assigns, for the stormwater runoff and drainage facilities located on the
Property, including, without limitation, any stormwater retention ponds or ditches. This casement
includes the right to drill, install, locate, maintain and use pipes, conduits and pumps running to the
stormwater retention ponds and other related facilities located on the Property.
12.4 Power to Grant Easements. Subject to the requirements of the Planned Community Act,
the Association shall have the power and authority to grant and to establish in, over, upon and across the
Common Area conveyed to it such further easements as are requisite for the convenient use and enjoyment
of the Property.
12.5 Easement for Entry. The Association has the right, but not the obligation, to enter upon
any Lot for emergency, security, and safety reasons, to perform maintenance pursuant to Article 5 hereof,
and to inspect for the put -pose of ensuring compliance with these Protective Covenants, any Supplemental
Declaration, the Articles, By -Laws, and the Rules and Regulations, which right may be exercised by any
member of the Board, the Association, officers, agents, employees, and managers, and all policemen,
firemen, ambulance personnel, and similar emergency personnel in the performance of their duties.
Except in an emergency situation, entry shall only be during reasonable hours and after notice to the
Owner. This right of entry shall include the right of the Association to enter upon any Lot to cure any fire
or other hazard in the event an Owner fails or refuses to cure the condition within a reasonable time after
request by the Board, but shall not authorize entry into any single family detached dwelling without
permission of the Owner, except by emergency personnel acting in their official capacities.
12.6 Easement Maintenance. Except as provided in Article 5 herein, maintenance of any berm
areas and water, sewer or drainage easement shall be the responsibility of the Owner of the Lot on which
said easement is located. No structure, planting or other material shall be placed or permitted to remain
which may damage or interfere with the installation and maintenance of utilities, sewer or drainage
facilities, or which may change the direction of flow of drainage channels in the easements. The casement
area of each Lot and all improvements in it shall be maintained continuously by the owner of the Lot,
except for those improvements for which a public authority or utility company is responsible.
12.7 Easement for Irrigation.
(a) There is hereby reserved for the benefit of the Declarant, the Association, and
their successors and assigns, a permanent exclusive easement and right (1) to pump water from any
ponds, waterways, basins, water table, wells, water dependent structures and other bodies of water
located in, on or under the Properties for the purpose of irrigating any portion of the Property, and
24

Book 5951 Page 591
(2) to drill, install, locate, maintain and use wells, pumping stations, water towers, filtration basins
and tanks and related water facilities and systems within the Common Areas and/or lands within
the Property owned by the Declarant. The pumping or other removal of any water from any pond
or body of water wholly or partly within the Property, for any purpose other than fire -fighting and
as provided herein is prohibited without express written permission of the Declarant and/or the
Association.
(b) The Property is hereby burdened with a perntanent, exclusive easement in favor
of the Declarant and its successors and assigns, for overspray and/or surface or subsurface flow
of water from any irrigation system serving the Property. Under no circumstances shall the
Declarant or the Association be held liable for any damage or injury resulting from said water, or
the exercise of this easement.
12.8 Easements for Owner's Ingress and Egress. Every Owner, and his or her heirs, successors,
assigns, guests and licensees, shall have a perpetual easement and right of ingress and egress over and
across any of the roads and sidewalks located or to be located within the Property, for the purpose of'
providing vehicular and pedestrian access to and from the Property. Notwithstanding the foregoing,
Declarant shall be entitled to restrict access on certain roads and sidewalks in Declarant's discretion.
Accordingly, the use of such roads and sidewalks shall be subject to applicable Rules and Regulations.
12.9 Common Area Easement.
(a) Every Owner of a Lot within the Property, as an appurtenance to such Lot, shall have a
perpetual easement over and upon the Common Areas within the Property for each and every
purpose or use to which such Common Areas were intended as determined by their type, or for
which such Common Areas generally are used, including, but not limited to, easement of access,
maintenance, repair or replacement of the Common Areas. Such easements shall be appurtenant
to and shall pass with the title to every Lot located within the Property, whether or not specifically
included in a deed thereto.
(b) An exclusive casement is hereby established in favor of Declarant over all Common Areas
for access to adjacent properties for the purposes of future development and the installation of
streets and public utilities.
12.10 Easements Run with the Land. All easements and rights described herein are easements
appurtenant, running with the land, and shall inure to the benefit of and be binding on all undersigned, its
successors and assigns, and any Owner, purchaser, Mortgagee and other person having an interest in said
land, or any part or portion thereof, regardless of conveyance, or in any mortgage or trust deed or other
evidence of obligation, to the benefit of and be binding on the undersigned, its successors and assigns,
and any Owner, purchaser, Mortgagee and other person having an interest in said land, or any part or
portion thereof, regardless of whether or not reference to said easement is made in the respective deeds
of conveyance, or in any Mortgage or trust deed or other evidence of obligation, to the easements and
rights described in these Protective Covenants.
ARTICLE 13
MORTGAGEE PROVISIONS
13.1 Notice to Association. Upon request, each Owner shall be obligated to furnish to the
Association the name and address of the holder of any Mortgage encumbering such Owner's Lot.
25

Book 5951 Page 592
13.2 Failure of Mortgagee to Respond. Any Mortgagee who receives a written request from the
Board to respond to or consent to any action shall be deemed to have approved such action if the Association
does not receive a written response within thirty (30) days of the mailing of such request, provided such
request is delivered to the Mortgagee by certified or registered mail, return receipt requested.
ARTICLE 14
DECLARANT' S RIGHTS
14.1 Transfer of Declarant's Rights. Any or all of the special rights and obligations of the
Declarant set forth in these Protective Covenants or the By -Laws may be transferred to other Persons,
provided that the transfer shall not reduce an obligation nor enlarge a right beyond that contained in these
Protective Covenants or the By -Laws. No such transfer shall be effective unless it is in a written instrument
signed by the Declarant and duly recorded in the land records of New Hanover County, North Carolina.
14.2 Rights of Declarant and Approved Builders. Notwithstanding anything in these Protective
Covenants to the contrary, so long as sales of Lots by the Declarant shall continue, the Declarant, and
Approved Builders, may maintain and carry on such facilities and activities as, in the sole opinion of the
Declarant, may be reasonably required, convenient, or incidental to the construction or sale of such Lots,
including, but not limited to, the construction and use of sales and business offices, signs and model Lots,
and the use of any Common Areas. The Declarant and Approved Builders shall have easements for access
to and use of Common Areas.
14.3 Rights to Alter. The rights reserved by Declarant in these Protective Covenants include
the right to change, alter or designate Lot(s), roads, utility and drainage facilities and easements, and to
change, alter or redesignate such other present and proposed amenities or facilities as may in the sole
judgment of the Declarant, be necessary or desirable. The rights reserved in this Section specifically
include the right of Declarant to redesignate, change, or alter any platted Lot(s) into road(s).
ARTICLE 15
DURATION, AMENDMENT AND TERMINATION
15.1 Lots Persons and Entities Subject to the Protective Covenants, Duration and Termination.
All present and future Owners, tenants, and occupants of Lots and their guests or invitees, licensees,
employees or agents, shall be subject to, and shall comply with the covenants, conditions, restrictions and
affirmative obligations set forth in these Protective Covenants, and as the Protective Covenants may be
amended from time to time. The acceptance of a deed of conveyance or the entering into of a lease or the
entering into occupancy of any Lot shall constitute an agreement that the provisions of these Protective
Covenants are accepted and ratified by such Owner, tenant or occupant and that they will fully comply with
the terms and conditions of said Protective Covenants. The covenants, conditions, restrictions, and
affirmative obligations of these Protective Covenants shall inure to the benefit of and be enforceable by the
Association, or the Owner of any Lot, their respective legal representatives, heirs, successors and assigns,
for a term of forty (40) years from the date these Protective Covenants are recorded in the New Hanover
County Registry, after which date these Protective Covenants shall be automatically extended for
successive periods of ten (10) years, unless these Protective Covenants are terminated as provided in §47F-
2-118 of the Planned Cotmmunity Act (provided that, during the Class "B" Control Period, any termination
shall also require the consent of Declarant). The covenants, restrictions, conditions and affirmative
obligations of these Protective Covenants shall nut with and bind the land and shall bind any person having
at any time any interest or estate in any of the Property as though such provision were made a part of each
and every deed of conveyance or lease.
26

Book 5951 Page 593
15.2 Amendment. During the Class "B" Control Period, these Protective Covenants may be
amended by Declarant in its discretion. Retention of this right by the Declarant is not intended to affect the
general or common scheme of development for the property herein described but to correct and/or modify
situations or circumstances which may arise during the course of development. Thereafter, these Protective
Covenants may be amended by vote of not less than sixty-seven percent (67%) of the Class "A" Members,
and an instrument must be recorded at the New Hanover County Registry for such an amendment to be
effective.
No amendments may remove, revoke, or modify any benefit, right or.privilege of the Declarant
hereunder without the written consent of the Declarant or the assignee of such right or privilege.
15.3 Stomwater Restrictions. Notwithstanding the foregoing to the contrary, Declarant shall
be entitled to unilaterally amend these Protective Covenants as provided in Section 11.6 herein.
ARTICLE 16
COMPLIANCE WITH THESE PROTECTIVE COVENANTS, THE ARTICLES,
THE BYLAWS AND THE RULES AND REGULATIONS OF THE ASSOCIATION
In the case of failure of an Owner to comply with the terms and provisions contained in these
Protective Covenants, the Articles, the By -Laws or Rules and Regulations of the Association, the following
relief shall be available:
16.1 Enforcement. The Association, the Declarant and any aggrieved Owner within the
Residential Community shall have the right to enforce by any proceeding at law or in equity, all of
the conditions, covenants and restrictions of these Protective Covenants and the Articles, By -Laws
and Rules and Regulations of the Association and any and all laws hereinafter imposed pursuant to
the terms of these Protective Covenants. The prevailing party shall be entitled to collect all costs
thereof, including reasonable attorney's fees (which shall be determined using reasonable hourly
rates).
16.2 Remedies. The Association shall have the right to remedy the violation and assess the
costs of remedying same against the offending Owner as an Individual Assessment as provided in
Article 9 herein.
16.3 Suspension of Rights. For any violation by an Owner, including, but not limited to, the
nonpayment of any general, special or individual assessment, the Association shall have the right to
suspend the offending Owners voting rights and the use by such Owner, his agents, lessees, employees,
licensees and invitees of the Common Areas for any period during which a violation continues.
16.4 Fines. The Association may establish a schedule of fines for the violation of these
Protective Covenants, the Articles, By -Laws and Rules and Regulations. If an Owner does not pay the
fine within fifteen (15) days the fine shall be an Individual Assessment against the property and may
be enforced by the Association in accordance with Article 9 herein.
16.5 Remedies Cumulative. The remedies provided by this Article are cumulative, and are in
addition to any other remedies provided by law.
16.6 Waiver. The failure of the Association or any person or Owner to enforce any
restriction contained in these Protective Covenants, the Articles, the By -Laws or the Rules and
Regulations shall not be deemed a waiver of the right to do so thereafter.
27

Book 5951 Page 594
ARTICLE 17
GENERAL PROVISIONS
17.1 Common Areas and Amenities. All of the Common Areas and any other dedicated
access or other amenity appurtenant to the Property, whether or not shown and delineated on any
recorded plat of the Property, shall be considered private and for the sole and exclusive use of the
Owners of Lots within the Property. Neither Declarant's execution nor the recording of any plat
nor any other act of Declarant with respect to such area is, or is intended to be, or shall be construed
as a dedication to the public of any such areas, facilities, or amenities.
17.2 Conflict. In the event of any irreconcilable conflict between these Protective
Covenants and the By -Laws or Articles of the Association, the provisions of these Protective Covenants
shall control.
17.3 Severability. Invalidation of any one of these covenants or restrictions by judgment or
any court, agency or legislative order shall in no way affect any other provision, covenants, conditions or
.restrictions contained in these Protective Covenants,
17.4 Captions. The captions preceding the various Articles of these Protective Covenants are
for the convenience of reference only, and shall not be used as an aid in interpretation or construction of
these Protective Covenants. As used herein, the singular includes the plural and where there is more than
one Owner of a Lot, said Owners are jointly and severally liable for the obligations herein imposed.
Throughout these Protective Covenants, references to the masculine shall be deemed to include the
feminine, the feminine to include the masculine and the neuter to include the masculine and feminine.
17.5 Use of the Words "Cottage Grove." No Person shall use the words "Cottage Grove," any
derivative or any other term which Declarant may select as the name of the development or any component
thereof in any printed or promotional material without the Declarant's or the licensee's prior written
consent. However, Owners may use the words "Cottage Grove" in printed or promotional matter solely
to specify that particular property is located within the Property and the Association shall be entitled to
use the words "Cottage Grove" in its name.
IN TESTIMONY WHEREOF, the parties hereto have caused this instrument to be executed as
of the date first above written.
LOGAN DEVELOPERS, INC.
BY:
E.3

Book 5951 Page 595
State of North Carolin
County of �a &4"
otaryPublic of
/ euJ )VQ/1oV
I, �t5�arlA 2 • VQ M ✓a a� a Nrounty, North
Carolina do certify that on this /D day of Fe,&M iggeo 2016, before me personally
appeared :b;_ .Lpesu 4
of Logan Developers, Inc., a Nor Carolina corporation.
personally known to me;
proved to me by satisfactory evidence;
proved to me on the oath or affirmation of who is
personally known to me,
to be the person(s) whose name(s) is/are signed on the preceding or attached record, and acknowledged to
me that he/she/they signed it voluntarily for its stated purpose.
Z. VAMVAKIASNOTARY PUBLICNot Public
Seal New Hanover County
( ) North Carolina
My CoI-JESSICA
y63PuxpiseiQn Ex Tres J' q
29

Book 5951 Page 596
FEB 1 1 2915
CONSENT OF MORTGAGEE
YADKIN BANK d/b/a VANTAGESOUTH BANK, is the holder of that certain Deed of
Trust recorded in Book 5751 Page 2239 in the Office of the Register of Deeds for New Hanover County,
which was Amended and Modified to adding the property as described in the foregoing Master Declaration
of Protective Covenants for Cottage Grove (herein called, 'Protective Covenants"), said Amendment and
Modification to Deed of Trust having been filed in Book 5832 at Page 1292 in the Office of the Register of
Deeds of New Hanover County, and as holder of said Deed of Trust as Amended does hereby consent to the
tetras, conditions and covenants in the Protective Covenants and agrees that the lien of said Deed of Trust is
subject to the terms, conditions and covenants contained in said Protective Covenants.
In witness whereof, YADKIN BANK d/b/a VANTAGESOUTH BANK has caused this
Consent of Mortgagee to be signed in its corporate name by its duly authorized Agent, this the 9
day of 2016.
BENEFICIARY:
YADKIN BANK d/b/a VANTAGESOUTH BANK
r
State of North Carolina
County of WakQ -
I, Le la A-,\� , a Notary Public of Wo, k 2 County, North
Carolina do certify that on this q-�' day of e6,-ua 2016, before me
personally appeared -7—AnMi e V eY a- of YADKIN
BANK d/b/a VANTAGESOUTH BANK
✓ personally known to me;
proved to me by satisfactory evidence;
proved to me on the oath or affirmation of
personally known to me,
who is
to be the person(s) whose name(s) is/are signed on the preceding or attached record, and acknowledged to
me that he/she/they signed it voluntarily for its stated purpose. a
Notary Public
(Seal)
My Commission expires:
30
N0T,q�"

Book 5951 Page 597
EXHIBIT "A"
Legal Description
Being all of that tract of land the exterior boundaries of which are depicted upon that certain plat
map dated January 28, 2016, entitled "SUBDIVISION PLAT —COTTAGE GROVE SUBDIVISION"
,pad recorded in the office of the Register of Deeds for New Hanover County in Map Book Page
31

Book 5951 Page 598
EXHIBIT B
BY-LAWS
OF
COTTAGE GROVE HOMEOWNERS ASSOCIATION, INC.
Article I
Name, Principal Office, and Definitions
1.1 Name.
The name of the corporation is Cottage Grove Homeowners Association, Inc. (the
"Association' ).
1.2 Principal Office.
The principal office of the Association shall be located in New Hanover County, North
Carolina. The Association may have such other offices, either within or outside the residential
community of Cottage Grove ("Cottage Grove"), as the Board of Directors may determine or as the
affairs of the Association may require.
1.3 Definitions.
The words used in these By -Laws shall be given their normal, commonly understood
definitions. Capitalized terms shall have the same meaning as set forth in that certain recorded
Master Declaration of Protective Covenants for Cottage Grove (as amended from time to time, the
"Declaration"), unless the context indicates otherwise.
Article II
Membership: Meetings, Quorum, Voting, Proxies
2.1 Membership.
Every Owner shall be a Member of the Association. There shall be only one membership
per Lot. If a Lot is owned by more than one Person, all co -Owners shall share the privileges of
that membership. The membership rights of an Owner which is a corporation, partnership or other
legal entity may be exercised by any officer, director, partner, or trustee, or by any other individual
designated from time to time by the Owner in a written instrument provided to the Secretary of
the Association, provided that only one person (and such person's immediate family members with
respect to membership rights other than voting) may be designated to act in such capacity for such
an Owner at any particular time.
The Association shall have two classes of membership, Class "A" and Class "B," as more fully
set forth in the Declaration. The provisions of the Declaration pertaining to membership are
incorporated by this reference.
2.2 Place of Meetings.
32

Book 5951 Page 599
Meetings of the Association shall be held at the principal office of the Association or at such
other suitable place convenient to the Members as the Board may designate.
2.3 Annual Meetings.
The first meeting of the Association, whether a regular or special meeting, shall be held
within one year after the date of incorporation of the Association. Subsequent regular annual
meetings shall be set by the Board so as to occur during the fourth (4th) quarter of the Association's
fiscal year on a date and at a time set by the Board.
2.4 Special Meetings.
The President may call special meetings. In addition, it shall be the duty of the President to call
a special meeting if so directed by resolution signed by a majority of the Board or upon a petition
signed by Members representing at least 10% of the total Class "A" votes of the Association.
2.5 Notice of Meetings.
Written or printed notice stating the place, day, and hour of any meeting of the Members shall
be delivered, either personally or by mail, to each Member entitled to vote at such meeting, not less
than 10 nor more than 60 days before the date of such meeting, by or at the direction of the President
or the Secretary or the officers or persons calling the meeting.
In the case of a special meeting or when otherwise required by statute or these By -Laws, the
purpose or purposes for which the meeting is called shall be stated in the notice. No business shall be
transacted at a special meeting except as stated in the notice.
If mailed, the notice shall be deemed to be delivered when deposited in the United States
mail addressed to the Member at his address as it appears on the Association's records, with
postage prepaid.
2.6 Waiver of Notice.
Waiver of notice of a meeting of the Members shall be deemed the equivalent of proper
notice. Any Member may waive, in writing, notice of any meeting of the Members, either before
or after such meeting. Attendance at a meeting by a Member shall be deemed waiver by such
Member of notice of the time, date, and place thereof, unless such Member specifically objects to
lack of proper notice at the time the meeting is called to order. Attendance at a special meeting
also shall be deemed waiver of notice of all business transacted at such meeting unless an objection
on the basis of lack of proper notice is raised before the business is put to a vote.
2.7 Adjournment ofMeetings.
If any meeting of the Association cannot be held because a quorum is not present, a
majority of the Members who are present at such meeting may adjourn the meeting to a time not
less than five (5) nor more than thirty (30) days from the time the original meeting was called. At
the reconvened meeting, if a quorum is present, any business may be transacted which might have
been transacted at the meeting originally called; provided, however, in the event any meeting is
adjourned and reconvened due to lack of a quorum, the quorum requirement applicable to such
33

Book 5951 Page 600
reconvened meeting shall be one-half (1/2) of the quorum requirement applicable at the meeting
adjourned due to lack of a quorum.
If a time and place for reconvening the meeting is not fixed by those in attendance at the
original meeting or if for any reason a new date is fixed for reconvening the meeting after
adjournment, notice of the time and place for reconvening the meeting shall be given to Members
in the manner prescribed for regular meetings.
Members present at a duly called or held meeting at which a quorum is present may continue
to do business until adjournment, notwithstanding the withdrawal of enough Members to leave less
than a quorum, provided that any action taken is approved by at least a majority of the votes required
to constitute a quorum.
2.8 Voting.
The voting rights of the Members shall be as set forth in the Declaration and in these By -
Laws, and such voting rights provisions are specifically incorporated by this reference.
2.9 Proxies.
Members may vote in person or by proxy, subject to the limitations of North Carolina law
relating to use of general proxies and subject to any specific provision to the contrary in the
Declaration or these By -Laws.
Every proxy shall be in writing specifying the Lot for which it is given, signed by the
Member or his duly authorized attorney -in -fact, dated, and filed with the Secretary of the
Association prior to the meeting for which it is to be effective. Unless otherwise specifically
provided in the proxy, a proxy shall be presumed to cover all votes which the Member giving such
proxy is entitled to cast, and in the event of any conflict between two or more proxies purporting
to cover the same voting rights, the later dated proxy shall prevail, or if dated as of the same date,
both shall be deemed invalid. An appointment in the form of an electronic record that bears the
Member's electronic signature and that may be directly reproduced in paper form by an automated
process shall be deemed a valid appointment form within the meaning of this section.
Every proxy shall be revocable and shall automatically cease upon: (a) conveyance of any Lot
for which it was given or (b) receipt by the Secretary of written notice of revocation of the proxy or of
the death or judicially declared incompetence of a Member who is a natural person, from the date of
the proxy, unless a shorter period is specified in the proxy.
2.10 Majority.
As used in these By -Laws, the term "majority" shall mean those votes, Owners, or other group
as the context may indicate totaling more than 50% of the total eligible number.
2.11 Ouorum.
Except as otherwise provided in these By -Laws or in the Declaration, the presence of Members
representing a majority of the total Class "A" votes in the Association shall constitute a quorum at all
Association meetings.
34

Book 5951 Page 601
2.12 Conduct of Meetings.
The President shall preside over all meetings of the Association, and the Secretary shall keep
the minutes of the meetings and record in a minute book all resolutions adopted and all other
transactions occurring at such meetings.
2.13 Action Without a Meeting.
Any action required or permitted by law to be taken at a meeting of the Members may be taken
without a meeting, without prior notice and without a vote if written consent specifically authorizing
the proposed action is signed by Members holding at least the minimum number of votes necessary to
authorize such action at a meeting if all Members entitled to vote thereon were present. Such consents
shall be signed within 60 days after receipt of the earliest dated consent, dated and delivered to the
Association. Such consents shall be filed with the minutes of the Association and shall have the same
force and effect as a vote of the Members at a meeting. Within 10 days after receiving authorization
for any action by written consent, the Secretary shall give written notice to all Members entitled to
vote who did not give their written consent, fairly summarizing the material features of the authorized
action.
Article III
Board of Directors: Selection, Meetings, Powers
A. Composition and Selection.
3.1 Governing Body: Composition.
The affairs of the Association shall be governed by a Board of Directors, each of whom shall
have one (1) vote. Except with respect to directors appointed by the Class "B" Member, directors shall
be Members or residents; provided, however, no Owner, resident or tenant representing the same Lot
may serve on the Board at the same time. A "resident" shall be any natural person eighteen (18) years
of age or older whose principal residence is a Lot within Cottage Grove. If a Member is not a natural
person, any officer, director, partner or officer of such Member shall be eligible to serve as a director
unless otherwise specified by written notice to the Association signed by such Member; provided, no
Member may have more than one such representative on the Board at a time, except in the case of
directors appointed by the Class "B" Member.
3.2 Number of Directors.
The Board shall consist of three (3) to five (5) directors, as provided in Sections 3.3 and 3.5
below. The initial Board shall consist of one (1) director as identified in the Articles of Incorporation.
3.3 Directors During Class "B" Control Period.
Directors appointed by the Class `B" Member pursuant to Section 3.5 of these By -Laws shall
be appointed by the Class 'B" Member acting in its sole discretion and shall serve at the pleasure of
the Class "B" Member.
35

Book 5951 Page 602
3.4 Nomination and Election Procedures After the Class "B" Control Period.
(a) Nominations and Declarations of Candidacy. Prior to each election of directors, the
Board shall prescribe the opening date and the closing date of a reasonable filing period in which each
and every eligible person who has a bona -fide interest in serving as a director may file as a candidate
for any position to be filled by votes of the Members, The Board shall also establish such other rules
and regulations as it deems appropriate to conduct the nomination of directors in a fair, efficient and
cost-effective manner. Nominations also may be permitted from the floor.
Except with respect to directors selected by the Class "B" Member, nominations for election to
the Board may also be made by a Nominating Committee. The Nominating Committee, if any, shall
consist of a Chairman, who shall be a member of the Board, and three (3) or more Members. Members
of the Nominating Coinnuttee shall be appointed by the Board not less than thirty (30) days prior to
each annual meeting to serve a term of one (1) year and until their successors are appointed, and such
appointment shall be announced in the notice of each election.
The Nominating Committee may make as many nominations for election to the Board as it
shall in its discretion determine. In making its nominations, the Nominating Committee shall use
reasonable efforts to nominate candidates representing the diversity which exists within the pool of
potential candidates.
Each candidate shall be given a reasonable, uniform opportunity to communicate his or her
qualifications to the Members and to solicit votes.
3.5 Election and Term of Office.
Except as these By -Laws may otherwise specifically provide, election of directors shall take
place at the Association's annual meeting. Notwithstanding any other provision of these By -Laws,
within ninety (90) days after termination of the Class "B" Control Period, or whenever the Class "B"
Member earlier determines, the Board shall be increased to five (5) directors. The President shall call
for an election by which the Class "A" Members shall be entitled to elect three (3) of the five (5)
directors. The remaining two (2) directors shall be appointees of the Class "B" Member. Directors
elected by the Members under this subsection (a) shall not be subject to removal by the Class "B"
Member (except as otherwise provided by North Carolina law) and shall be elected for a term of two
(2) years.
Upon the expiration of the terms of the two (2) directors appointed by the Class "B" Member,
the President shall call for an election by which the Class "A" Members shall be entitled to elect all
five (5) of the directors.
Upon expiration of the term of office of each director elected by the Members, Members
entitled to elect such director shall be entitled to elect a successor to serve a tern of two (2) years.
Directors elected by the Members shall hold office until their respective successors have been
elected.
3.6 Removal of Directors and Vacancies.
Any director elected by the Members may be removed, with or without cause, by the vote
of Members holding a majority of the votes entitled to be cast for the election of such director.
36

Book 5951 Page 603
Any director whose removal is sought shall be given notice prior to any meeting called for that
purpose. Upon removal of a director, a successor shall be elected by the Members entitled to elect
the director so removed to fill the vacancy for the remainder of the tern of such director.
Any director elected by the Members who has three (3) consecutive unexcused absences
from Board meetings, or who is more than thirty (30) days delinquent (or is the representative
of a Member who is so delinquent) in the payment of any assessment or other charge due the
Association, may be removed by a majority of the directors present at a regular or special
meeting at which a quorum is present, and the Board may appoint a successor to fill the vacancy
for the remainder of the term.
In the event of the death, disability, or resignation of a director, the Board may declare a
vacancy and appoint a successor to fill the vacancy until the next annual meeting, at which time the
Members entitled to fill such directorship may elect a successor for the remainder of the tern.
This Section shall not apply to directors appointed by the Class "B" Member nor to any
director serving as Declarant's representative. The Class "B" Member or Declarant shall be
entitled to appoint a successor to fill any vacancy on the Board resulting from the death,
disability or resignation of a director appointed by or elected as a representative of the Class
"B" Member or Declarant.
B. Meetings.
3.7 Organizational Meetings.
The first meeting of the Board following each annual meeting of the membership shall be
held within thirty (30) days thereafter at such time and place as the Board shall fix.
3.8 Regular Meetings.
Regular meetings of the Board may be held at such time and place as a majority of the directors
shall determine, but at least four (4) such meetings shall be held during each fiscal year with at least
one (1) per quarter.
3.9 Special Meetings.
Special meetings of the Board shall be held when called by written notice signed by the
President or Vice President or by a majority of the directors.
3.10 Notice; Waiver of Notice.
(a) Notices of Board meetings shall specify the time and place of the meeting and, in the
case of a special meeting, the nature of any special business to be considered. The notice shall be given to
each director by: (1) personal delivery; (ii) first class mail, postage prepaid; (iii) telephone
conrununication, either directly to the director or to a person at the director's office or hone who would
reasonably be expected to communicate such notice promptly to the director; or (iv) facsimile, computer,
fiber optics or other electronic communication device, with confirmation of transmission. All such notices
shall be given at the director's telephone number, fax number, electronic mail number, or sent to the
director's address as shown on tine records of the Association. Notices sent by first class mail shall be
deposited into a United States mailbox at least five (5) business days before the time set for the meeting.
37

Book 5951 Page 604
Notices given by personal delivery, telephone, or other device shall be delivered or transmitted at least
seventy-two (72) hours before the time set for the meeting.
(b) Transactions of any Board meeting, however called and noticed or wherever held,
shall be as valid as though taken at a meeting duly held after regular call and notice if (i) a quorum is
present and (ii) either before or after the meeting each director not present signs a written waiver of
notice, a consent to bolding the meeting, or an approval of the minutes. The waiver of notice or consent
need not specify the purpose of the meeting. Notice of a meeting also shall be deemed given to any
director who attends the meeting without protesting before or at its conuuencement about the lack of
adequate notice.
3.11 Telephonic Participation in Meetings.
Members of the Board or any committee designated by the Board may participate in a meeting
of the Board or committee by means of conference telephone or similar communications equipment,
by means of which all persons participating in the meeting can hear each other. Participation in a
meeting pursuant to this subsection shall constitute presence in person at such meeting.
3.12 Quorum of Board.
At all Board meetings, a majority of the directors shall constitute a quorum for the transaction
of business, and the votes of a majority of the directors present at a meeting at which a quorum is
present shall constitute the decision of the Board, unless otherwise specifically provided in these By -
Laws or the Declaration. A meeting at which a quorum is initially present may continue to transact
business, notwithstanding the withdrawal of directors, if any action taken is approved by at least a
majority of the required quorum for that meeting. If any Board meeting cannot be held because a
quorum is not present, a majority of the directors present at such meeting may adjourn the meeting to
a time not less than five (5) nor more than thirty (30) days from the date of the original meeting. At
the reconvened meeting, if a quorum is present, any business which might have been transacted at the
meeting originally called may be transacted without further notice.
3.13 Conduct of Meetings.
The President shall preside over all meetings of the Board, and the Secretary shall keep a
minute book of Board meetings, recording all Board resolutions and all transactions and proceedings
occurring at such meetings.
3.14 Open Meetings; Executive Session.
(a) Except in an emergency, notice of Board meetings shall be posted at least forty-eight
(48) hours in advance of the meeting at a conspicuous place within Cottage Grove which the Board
establishes for the posting of notices relating to the Association. Notice of any meeting at which
assessments are to be established shall state that fact and the nature of the assessment. Subject to the
provisions of Section 3.15, all Board meetings shall be open to all Members and, if required by law,
all Owners; but attendees other than directors may not participate in any discussion or deliberation
unless a director requests that they be granted permission to speak. In such case, the President may
limit the time any such individual may speak.
(b) Notwithstanding the above, the President may adjourn any meeting of the Board
and reconvene in executive session, and may exclude persons other than directors, to discuss matters of a
sensitive nature, such as pending or threatened litigation, personnel matters, etc.
38

Book 5951 Page 605
3.15 Action Without a Formal Meetine.
Any action to be taken at a meeting of the directors or any action that may be taken at a
meeting of the directors may be taken without a meeting if a consent in writing, setting forth the
action so taken, is signed by all of the directors, and such consent shall have the same force and
effect as a unanimous vote.
C. Powers and Duties.
3.16 Powers.
The Board shall have all of the powers and duties necessary for the administration of the
Association's affairs and for performing all responsibilities and exercising all rights of the
Association as set forth in the Declaration, and as provided by law. The Board may do or cause
to be done on behalf of the Association all acts and things except those which the Declaration
or North Carolina law require to be done and exercised exclusively by the Members or the
membership generally.
3.17 Duties.
Duties of the Board shall include, without limitation:
(a) preparing and adopting, in accordance with the Declaration, an annual budget of expenses
(including, without limitation, Common Expenses);
(b) levying and collecting assessments from the Owners;
(c) providing for the operation, care, upkeep, and maintenance of the Common Area
consistent with the standards required by the Declaration;
(d) designating, hiring, and dismissing personnel necessary to carry out the Association's
rights and responsibilities and where appropriate, providing for compensation of such personnel and for
the purchase of equipment, supplies, and materials to be used by such personnel in the performance of
their duties;
(e) depositing all funds received on behalf of the Association in a bank depository which it
shall approve; and using such funds to operate the Association; provided, any reserve funds may be
deposited, in the Board's bestjudgment in depositories other than banks;
(0 making or contracting for the making of repairs, additions, and improvements to
or alterations of the Common Area in accordance with the Declaration and these By -Laws;
(g) enforcing by legal means the provisions of the Declaration and bringing any
proceedings which may be instituted on behalf of or against the Owners concerning the Association;
provided, the Association's obligation in this regard shall be subject to the provisions of the
Declaration;
(h) obtaining and carrying property and liability insurance and fidelity bonds, as provided
in the Declaration, paying the cost thereof, and filing and adjusting claims, as appropriate;
39

Book 5951 Page 606
(i) paying the cost of all services rendered to the Association;
0) keeping books with detailed accounts of the Association's receipts and expenditures;
(k) making and amending use restrictions and rules in accordance with the Declaration;
(1) opening bank accounts on behalf of the Association and designating the signatories
required;
(m) allowing utility suppliers to use portions of the Common Area reasonably necessary to the
ongoing development or operation of Cottage Grove; and
(n) indemnifying a director, officer or committee member, or former director, officer or
committee member of the Association, to the extent such indemnity is required by North Carolina law, the
Articles of Incorporation or the Declaration.
3.18 Compensation.
Directors shall not receive any compensation from the Association for acting as such unless
approved by Members representing a majority of the total Class "A" votes (and, if during the Class
"B" Control Period, the Class "B" Member) at a,regular or special meeting of the Association. Any
director may be reimbursed for expenses incurred on behalf of the Association upon approval of a
majority of the other directors. Nothing herein shall prohibit the Association from compensating a
director, or any entity with which a director is affiliated, for services or supplies furnished to the
Association in a capacity other than as a director pursuant to a contract or agreement with the
Association, provided that such director's interest was made known to the Board prior to entering into
such contract and such contract was approved by a majority of the Board, excluding the interested
director.
3.19 Right of Class "B" Member to Disapprove Actions.
So long as the Class "B" membership exists, the Class "B" Member shall have a right to
disapprove any action, policy or program of the Association, the Board and any committee which, in the
sole judgment of the Class "B" Member, would tend to impair rights of Declarant or an Approved Builder
under the Declaration or these By -Laws, or interfere with development or construction of any portion of
Cottage Grove, or diminish the level of services being provided by the Association.
(a) Notice. The Class "B" Member shall be given written notice of all meetings and
proposed actions approved at meetings (or by written consent in lieu of a meeting) of the Association,
the Board, or any committee. Such notice shall be given by certified mall, return receipt requested, or
by personal delivery at the address it has registered with the Secretary of the Association, which notice
complies as to Board meetings with Sections 3.8, 3.9, 3.10, and 3.11 herein and which notice shall,
except in the case of the regular meetings held pursuant to the By -Laws, set forth with reasonable
particularity the agenda to be followed at such meeting.
(b) Opportunity to be Heard. The Class "B" Member shall be given the opportunity at
any such meeting tojoin in or to have its representatives or agents join in discussion from the floor of
any prospective action, policy, or program which would be subject to the right of disapproval set forth
herein.
40

Book 5951 Page 607
No action, policy or program subject to the right of disapproval set forth herein shall become
effective or be implemented until and unless the requirements of subsections (a) and (b) above have been
met.
The Class "B" Member, its representatives or agents, shall make its concerns, thoughts,
and suggestions known to the Board and/or the members of the subject committee. The Class "B"
Member, acting through any officer or director, agent or authorized representative, may exercise
its right to disapprove at any time within ten (10) days following the meeting at which such action
was proposed or, in the case of any action taken by written consent in lieu of a meeting, at any
time within ten (10) days following receipt of written notice of the proposed action. This right to
disapprove may be used to block proposed actions but shall not include a right to require any
action or counteraction on behalf of any committee, the Board, or the Association. The Class "B"
Member shall not use its right to disapprove to reduce the level of services which the Association
is obligated to provide or to prevent capital repairs or any expenditure required to comply with
applicable laws and regulations.
3.20 Management.
The Board may employ for the Association a professional management agent or agents at
such compensation as the Board may establish, to perform such duties and services as the Board shall
authorize. The Board may delegate such powers as are necessary to perform the manager's assigned
duties, but shall not delegate policy -making authority or those duties set forth in Sections 3.17(a)
(with respect to adoption of the budget), 3.17(b), 3.17(f), 3.17(g) and 3.17(i) herein. Declarant or its
affiliate may be employed as managing agent or manager. Any management agent may charge a
Member a reasonable fee to provide certified statements of accounts to such Member or his
representatives in connection with real estate sale transactions.
The Board may delegate to one of its members the authority to act on the Board's behalf on all
matters relating to the duties of the managing agent or manager, if any, which might arise between Board
meetings.
The Association shall not be bound, either directly or indirectly, by any management contract
executed during the Class "B" Control Period unless such contract contains a right of termination
exercisable by the Association, with or without cause and without penalty, at any time after termination
of the Class "B" Control Period upon not more than ninety (90) days' written notice.
3.21 Accounts and Reports.
The following management standards of performance shall be followed unless the Board
by resolution specifically determines otherwise:
(a) accrual accounting, as defined by generally accepted accounting principles, shall
be employed;
(b) accounting and controls should conform to generally accepted accounting principles;
(c) cash accounts of the Association shall not be commingled with any other accounts;
(d) no remuneration shall be accepted by the managing agent from vendors,
independent contractors, or others providing goods or services to the Association, whether in the form of
41

Book 5951 Page 608
commissions, finder's fees, service fees, prizes, gifts, or otherwise (i.e., anything of value received shall
benefit the Association);
(e) any financial or other interest which the managing agent may have in any
firm providing goods or services to the Association shall be disclosed promptly to the Board;
(f) commencing at the end of the quarter in which the first Lot is sold and closed,
financial reports shall be prepared for the Association at least quarterly containing:
(i) an income statement reflecting all income and expense activity for
the preceding period on an accrual basis;
(ii) a statement reflecting all cash receipts and disbursements for the
preceding period;
(iii) a variance report reflecting the status of all accounts in an "actual" versus
"approved" budget format;
(iv) a balance sheet as of the last day of the preceding period; and
(v) a delinquency report listing all Owners who are delinquent in paying
any assessments at the time of the report and describing the status of
any action to collect such assessments which remain delinquent (any
assessment or installment thereof shall be considered to be delinquent
on the thirtieth (30a') day following the due date unless otherwise
specified by Board resolution); and
(g) an annual report consisting of at least the following shall be made available to all
Members within one hundred twenty (120) days after the close of the fiscal year: (i) a balance sheet;
(ii) an operating (income) statement; and (iii) a statement of changes in financial position for the
fiscal year. Such annual report shall be prepared on an audited, reviewed, or compiled basis, as the
Board determines, by an independent public accountant; provided, upon written request of any
holder, guarantor or insurer of any first Mortgage on a Lot, the Association shall provide an audited
financial statement. During the Class "B" Control Period, the annual report shall include certified
financial statements.
3.22 Borrowing.
The Association shall have the power to borrow money for any legal purpose; provided,
however, the Board shall obtain Member approval in the same manner provided in the Declaration for
Special Assessments if the proposed borrowing is for the purpose of making discretionary capital
improvements and the total amount of such borrowing, together with all other debt incurred within the
previous 12-month period, exceeds or would exceed ten percent (10%) of the Association's budgeted
gross expenses for that fiscal year.
3.23 Right to Contract.
The Association shall have the right to contract with any Person for the performance of various
duties and functions. This right shall include, without limitation, the right to enter into common
management, operational, or other agreements with a Village Association and other owners' or residents'
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Book 5951 Page 609
associations, within and outside Cottage Grove. Any common management agreement shall require the
consent of a majority of the Board.
3.24 Enforcement.
The Association shall have the power, as provided in the Declaration, to impose sanctions for
any violation of the Declaration. To the extent specifically required by the Declaration, the Board shall
comply with the following procedures prior to imposition of sanctions:
(a) Notice. The Board or its delegate shall serve the alleged violator with written notice
describing (i) the nature of the alleged violation, (ii) the proposed sanction to be imposed, (iii) a period
of not less than ten (10) days within which the alleged violator may present a written request for a hearing
to the Board; and (iv) a statement that the proposed sanction shall be imposed as contained in the notice
unless a challenge is begun within ten (10) days of the notice. If a timely request for a hearing is not
made, the sanction stated in the notice shall be imposed; provided the Board may, but shall not be
obligated to, suspend any proposed sanction if the violation is cured within the 10-day period. Such
suspension shall not constitute a waiver of the right to sanction future violations of the same or other
provisions and rules by any Person.
(b) Hearing, If a hearing is requested within the allotted l0-day period, the hearing shall
be held before the Board in executive session. The alleged violator shall be afforded a reasonable
opportunity to be heard. Prior to the effectiveness of any sanction hereunder, proof of proper notice shall
be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice,
together with a statement of the date and manner of delivery, is entered by the officer, director, or agent
who delivered such notice, The notice requirement shall be deemed satisfied if the alleged violator or its
representative appears at the meeting, The minutes of the meeting shall contain a written statement of the
results of the hearing and the sanction, if any, imposed.
(c) Additional Enforcement Rights. Notwithstanding anything to the contrary in this
Article, the Board may elect to enforce any provision of the Declaration by self-help (specifically
including, but not limited to, towing vehicles that violate parking rules) or, following compliance with
the dispute resolution procedures set forth in the Declaration, if applicable, by suit at law or in equity to
enjoin any violation or to recover monetary damages or both, without the necessity of compliance with
the procedure set forth above. In any such action, to the maximum extent permissible, the Owner or
occupant responsible for the violation of which abatement is sought shall pay all costs, including
reasonable attorney's fees actually incurred. Any entry onto a Lot for purposes of exercising this power
of self-help shall not be deemed as trespass.
3.25 Board Standards.
In the performance of their duties, Association directors and officers shall be insulated from
personal liability as provided by North Carolina law for directors and officers of nonprofit corporations,
and as otherwise provided in the Declaration. Directors are required to exercise the ordinary and
reasonable care of directors of a corporation, subject to the business judgment rule.
As defined herein, a director shall be acting in accordance with the business judgment rule so
long as the director (a) acts within the express or implied terns of the Declaration and the Articles of
Incorporation and his or her actions are not ultra vices (i. e., outside the scope of the director's authority);
(b) affirmatively undertakes to make decisions which are necessary for the Association's continued and
successful operation and, when decisions are made, they are made on an informed basis; (c) acts on a
disinterested basis, promptly discloses any real or potential conflict of interests (pecuniary or other),
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Book 5951 Page 610
and avoids participation in decisions and actions when a conflict exists; and (d) acts in a non -fraudulent
manner and without reckless indifference to the association's affairs, A director acting in accordance
with the business judgment rule shall be protected from personal liability.
Board deternunations of the meaning, scope, and application of the Declaration and the Articles
of Incorporation shall be upheld and enforced so long as such determinations are reasonable. The Board
shall exercise its power in a fair and nondiscriminatory manner and shall adhere to the procedures
established in the Declaration and Articles.
Article IV
Officers
4.1 Officers.
Officers of the Association shall be a President, Vice President, Secretary, and Treasurer. The
President and Secretary shall be elected from among Board members; other officers may, but need not
be, Board members. The Board may appoint such other officers, including one or more Assistant
Secretaries and one or more Assistant Treasurers, as it shall deem desirable, such officers to have such
authority and perform such duties as the Board prescribes. Any two (2) or more offices may be held by
the same person, except the offices of President and Secretary.
4.2 Election and Term of Office.
The Board shall elect the Association's officers at the first Board meeting following each annual
meeting of the Members, to serve until their successors are elected. Notwithstanding the foregoing, the
initial officers shall be selected by a written consent or directive signed by the initial Director and such
officers shall serve at the pleasure of the Board until the Board's expansion to three (3) directors as
provided herein.
4.3 Removal and Vacancies.
The Board may remove any officer whenever in its judgment the best interests of the
Association will be served, and may fill any vacancy in any office arising because of death, resignation,
removal, or otherwise, for the unexpired portion of the term.
4.4 Powers and Duties.
The Association's officers shall each have such powers and duties as generally pertain to
their respective offices, as well as such powers and duties as may specifically be conferred or
imposed by the Board. The President shall be the chief executive officer of the Association. The
Treasurer shall have primary responsibility for preparation of the budget as provided for in the
Declaration and may delegate all or part of the preparation and notification duties to a finance
committee, management agent, or both.
4.5 Resignation.
Any officer may resign at any time by giving written notice to the Board, the President, or the
Secretary. Such resignation shall take effect on the date of the receipt of such notice or at any later time
specified therein, and unless otherwise specified therein, acceptance of such resignation shall not be
necessary to make it effective.
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Book 5951 Page 611
4.6 Agreements, Contracts, Deeds, Leases, Checks, Etc.
All agreements, contracts, deeds, leases, checks, and other instruments of the Association shall
be executed by at least two (2) officers unless otherwise authorized by written resolution by the Board.
4.7 Compensation.
Compensation of officers shall be subject to the same limitations as compensation of directors
under Section 3.18 herein.
Article V
Committees
5.1 General.
The Board may appoint such committees as it deems appropriate to perform such tasks and to
serve for such periods as the Board may designate by resolution. Each committee shall operate in
accordance with the terms of such resolution.
Article VI
Miscellaneous
6.1 Fiscal Year.
The Association's fiscal year shall be the calendar year unless the Board establishes a different
fiscal year by resolution,
6.2 Parliamentary Rules.
Except as may be modified by Board resolution, Robert's Rules of Order (current edition)
shall govern the conduct of Association proceedings when not in conflict with North Carolina law.
6.3 Conflicts
If there are conflicts among the provisions of North Carolina law, the Articles of
Incorporation, the Declaration, and these By -Laws, the provisions of North Carolina law, the
Declaration, the Articles of Incorporation, and the By -Laws (in that order) shall prevail.
6.4 Books and Records.
(a) Inspection by Members and Mortgagees. The Board shall make available for
inspection and copying by any holder, insurer or guarantor of a first Mortgage on a Lot, any Member,
or the duly appointed representative of any of the foregoing at any reasonable time and for a purpose
reasonably related to his or her interest in a Lot: the Declaration, the Articles of Incorporation, the
membership register, books of account, and the minutes of meetings of the Members, the Board, and
committees. The Board shall provide for such inspection to take place at the Association's office or
at such other place within Cottage Grove as the Board shall designate.
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Book 5951 Page 612
(b) Rules for Inspection. The Board shall establish rules with respect to:
(i) notice to be given to the custodian of the records;
(it) hours and days of the week when such an inspection may be made; and
(iii) payment of the cost of reproducing documents requested.
(c) Inspection by Directors. Every director shall have the absolute right at any
reasonable time to inspect all books, records, and documents of the Association and the physical
properties owned or controlled by the Association. The right of inspection by a director includes the tight
to make a copy of relevant documents at the Association's expense.
6.5 Notices.
Except as otherwise provided in the Declaration or these By -Laws, all notices, demands, bills,
statements, or other communications under the Declaration or these By -Laws shall be in writing and shall
be deemed to have been duly given if delivered personally or if sent by United States mail, first class
postage prepaid:
(a) if to a Member or Member, at the address which the Member or Member has
designated in writing and filed with the Secretary or, if no such address has been designated, at the
address of the Lot of such Member or Member;
(b) if to the Association, the Board, or the managing agent, at the principal office of the
Association or the managing agent or at such other address as shall be designated by notice in writing to
the Members pursuant to this Section; or
(c) if to any committee, at the principal address of the Association or at such
other address as shall be designated by notice in writing to the Members pursuant to this
Section.
6.6 Amendment.
(a) By Class "B" Member. Prior to termination of the Class "B" Control Period, the Class
"B" Member may unilaterally amend these By -Laws. Thereafter, the class "B" Member may unilaterally
amend these By -Laws at any time and from time to time if such amendment is necessary (i) to bring
any provision into compliance with any applicable governmental statute, rule or regulation, or judicial
determination; (ii) to enable any reputable title insurance company to issue title insurance coverage on
the Lots; or (iii) to enable any institutional or governmental lender, purchaser, insurer or guarantor of
mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home
Loan Mortgage Corporation, to make, purchase, insure or guarantee mortgage loans on the Lots.
Provided, any such amendment shall not adversely affect the title to any Lot unless the Owner shall
consent thereto in writing. So long as the Class "B" membership exists, the Class "B" Member may
unilaterally amend these By -Laws for any other purpose, provided the amendment has no material
adverse effect upon any right of any Member.
(b) By Members Generally. Except as provided above, these By -Laws may be amended
only by the affinmative vote or written consent, or any combination thereof, of Members representing
fifty-one percent (51 %) of the total Class "A" votes in the Association and the consent of the Class "B"
Member, if such exists. ]n addition, the approval requirements set forth in the Declaration shall be met,
46

Book 5951 Page 613
if applicable. Notwithstanding the above, the percentage of votes necessary to amend a specific clause
shall not be less than the prescribed percentage of affirmative votes required for action to be taken under
that clause.
(c) Validity and Effective Date of Amendments. Amendments to these By -Laws shall
become effective upon recordation in the New Hanover County Registry unless a later effective date is
specified therein. Any procedural challenge to an amendment must be made within six (6) months of its
recordation in said registry, or such amendment shall be presumed to have been validly adopted. In no
event shall a change of conditions or circumstances operate to amend any provisions of these By -Laws.
No amendment may remove, revoke, or modify any right or privilege of Declarant or the Class
"B" Member without the written consent of Declarant, the Class "B" Member, or the assignee of such
right or privilege.
(d) Officers Authorized to Prepare, Execute, Certify, and Record Amendments to the
Declaration and these By -Laws. In the event an amendment to the Declaration and/or the By -Laws is
approved in accordance with the Declaration and/or these By -Laws, such amendment shall be prepared,
executed, certified and recorded in the New Hanover County Public Registry by the President or Vice
President of the Association.
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Book 5951 Page 614
CERTIFICATION
I, the undersigned, do hereby certify:
That 1 am the acting Secretary of Cottage Grove Homeowners Association, Inc., a North
Carolina non-profit corporation;
That the foregoing By -Laws constitute the original By -Laws of said Association,
adopted at a meeting of the Board of Directors thereof held on the day of
2016.
as duly
IN WITNESS WHEREOF, 1 have hereunto subscribed my name and affixed the seal of said
Association this day of 2016.
BY:
State of North Carolina
County of
I, , a Notary Public of County, North
Carolina do certify that on this day of , 2016, before me personally appeared
_ of
a North Carolina Limited Liability Company
personally known to me;
proved to me by satisfactory evidence;
proved to me on the oath or affirmation of who is
personally known to me,
to be the person(s) whose name(s) is/are signed on the preceding or attached record, and acknowledged to
me that he/she/they signed it voluntarily for its stated purpose.
Notary Public
(Seal)
My Commission

Book 5951 Page 615
EXHIBIT C
BUILT UPON AREA LIMITATIONS
Cottage Grove
The maximum built -upon area/impervious surface, as defined in.State.Stonnwater
Management Systems Permit No. SW 8 140814„ shall be no more than 5,500 sq i ft per Lot within
Cottage Grove Subdivision.
49

Book 5951 Page 616
��pNl1 •.Y
TAMMY THEUSCH
BEASLEY New Hanover County
Register oEDeeds Register of Deeds ff"
216 NORTH SECOND STREET f WILMINGTON, NORTH CAROLINA 28401 i E
Telephone [phone] a Pax 910-798-7751`�,,,,�,,,'
State of North Carolina, County of NEW HANOVER
Filed For Registration: 02/26/2016 01:31:05 PM
Book: RB 5951 Page: 567-616
50 PGS $162.00
Real Property $162.00
Recorder: CAROL HUGHLEY
Document No: 2016005321
444f 4f 4#fk44f}#ff#iff#4f}4#4fiffi}#f#14ffif4f##i#f}41f#fk#tf#fi41f###11#ifiif#if #if tt l4#iiffiYtif t#if f}f #ta4
DO NOT REMOVE!
This certification sheet is a vital part of your recorded document. Please retain with original document and submit
when re-recording.