SW3230801_Deed Restriction/Protective Covenant Form_20240325

Hiqh Density Residential Subdivisions
Deed Restrictions & Protective Covenances
In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations,
deed restrictions and protective covenants are required for High Density Residential Subdivisions where
lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed
restrictions and protective covenants are necessary to ensure that the development maintains a "built-upon"
area consistent with the design criteria used to size the stormwater control facility.
I, Johnathan McCall (Chief Operating Officer signing for D pendable Development, 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:
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 Storm water Management Regulations.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the storm water 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 The covenants pertaining to storm water may not be altered or rescinded without the express written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. This allotted amount
includes any built-upon area constructed within the lot property boundaries, and that portion of the
right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not
limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does
not include raised, open wood decking, or the water surface of swimming pools.
OR, if the proposed built-upon areas per lot will vary, please REPLACE #6 above with the following:
6. The maximum built-upon area per lot, in square feet, is as listed below:
Lot# BUA Lot# BUA Lot# BUA Lot# BUA
See attached listing of Maximum BUA per lot
This allotted amount includes any built-upon area constructed within the lot property boundaries, and
that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area
includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and
parking areas, but does not include raised, open wood decking, or the water surface of swimming
pools.
7. Each lot will maintain a 30**foot wide vegetated buffer between all impervious areas and surface
waters.
**50 foot for projects located in the 20 coastal counties.
8. All runoff from the built-upon areas on the lot must drain into the permitted system. This may be
accomplished through a variety of means including roof drain gutters which drain to the street, grading
the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them
into a component of the storm water collection system. Lots that will naturally drain into the system are
not required to provide these additional measures.
Form DRPC-3 Rev.2 05Nov2009 Page 1 of 2

Hiqh Density Residential Subdivisions
Deed Restrictions & Protective Covenances
Signature: Date:
I, , a Notary Public in the
State of , County of ,
do hereby certify that personally appeared
before me this the day of , 20 , and acknowledge
the due execution of the foregoing instrument. Witness my hand and official seal,
SEAL
Signature
My Commission expires
Form DRPC-3 Rev.2 05Nov2009 Page 2 of 2

The Conservancy at Waxhaw Creek Phase 3
Maximum Built-Upon Area per Lot
Lot # BUA
76 5,500 sf
77 5,500 sf
79 5,500 sf
80 5,268 sf
81 5,259 sf
82 5,239 sf
83 5,256 sf
84 5,255 sf
85 5,340 sf
86 5,270 sf
87 5,272 sf
88 5,297 sf
89 5,412 sf
90 5,279 sf
91 5,267 sf
92 5,327 sf
93 5,243 sf
94 5,248 sf
95 5,258 sf
96 5,525 sf
97 5,307 sf
98 3,934 sf
99 3,943 sf
100 3,938 sf
101 3,953 sf
102 3,948 sf
103 4,539 sf
104 3,971 sf
105 3,945 sf
106 3,951 sf
107 3,939 sf
108 3,932 sf
109 3,932 sf
110 5,247 sf
111 5,301 sf
112 5,224 sf
113 5,211 sf
114 3,989 sf
115 5,239 sf
116 5,249 sf
117 5,241 sf
118 5,256 sf
Total 205,704 sf