HomeMy WebLinkAboutSW6231101_Deed Restriction/Protective Covenant Form_20231102 High Density Commercial Subdivisions
Deed Restrictions & Protective Convenances
In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Management Regulations, deed
restrictions and protective covenants are required for High Density Commercial Subdivisions where
lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility.
Deed restrictions and protective covenants are necessary to ensure that the development maintains a
built-upon area consistent with the design criteria used to size the stormwater control facility.
I, Kenneth W. Smith Sr. — Forest Ridge Subdivision, Inc. , acknowledge, affirm and agree by my
signature below, that I will cause the following deed restrictions and covenants to be recorded prior to
the sale of any lot within the project known as Forest Ridge Commons- Phase 1:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number , as issued by the Division of Energy, Mineral
and Land Resources under the Stormwater Management Regulations.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming
under them.
4. The covenants pertaining to stormwater may not be altered or rescinded without the express
written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources.
5. Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the Division of Energy, Mineral and Land Resources.
6. The maximum allowable built-upon area per lot is square feet.
*Note: If the BUA per lot varies, please substitute the following statement for the one above and
provide a complete listing of the proposed BUA for each lot:
The maximum built-upon area per lot, in square feet, is as listed below:
Lot# BUA Lot# BUA Lot# BUA Lot# BUA
C6 40,561 C7 40,562 C8 46,006 C9 43,670
Lot# BUA Lot# BUA Lot# BUA Lot# BUA
C10 42,259 C11 42,980 C12 34,391
This allotted amount includes any built-upon area constructed within the lot property boundaries,
and that portion of the right-of-way between the front lot line and the edge of the pavement. Built
upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised, open wood decking, or the water
surface of swimming pools.
7. All runoff from the built-upon areas on the lot must drain into the permitted system. This may be
accomplished through a variety of means including roof drain gutters which drain to the street,
grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff
and directing them into a component of the stormwater collection system. Lots that will naturally
drain into the system are not required to provide these additional measures.
8. The owner of each lot, whose ownership is not retained by the permittee, is required to submit a
separate stormwater permit application to the Division of Energy, Mineral and Land Resources
and receive a permit prior to construction.
9. The project and each lot will maintain a 30**foot wide vegetated buffer between all impervious
areas and surface waters.
**50 foot for projects located in the 20 coastal counties.
Form DRPC-1 Rev.2 05Nov2009 Page 1 of 2
Hiqh Density Commercial Subdivisions
Deed Restrictions & Protective Convenances
Signature: Date:/� .3 � 25
I, Marc( ne. ` e�lcl;e✓ , a Notary Public in the
State of "Oi 14.. �.ritc4.1 er4 , County of nt ti,b er/ ,
do hereby certify that Ke,Niva_4-b w Sr144,,-f4-, $'L, personally appeared
before me this the 20 day of dc/t h e✓ , 20 43 , and acknowledge
the due e cution of the foregoing instrru`ment. Witness my hand and official seal,
Sign urr _��c, roo'�
My Commission expires 2/ /VW4e✓ 2a2.4-- = g� 0 rA y r,
_c p0BLfC X _
/,//,,NO CO��\\\`N"�
Form DRPC-1 Rev.2 05Nov2009 Page 2 of 2