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HomeMy WebLinkAboutSW6100701_Deed Restriction Form_20100920 (2)High Density Developments with Outparcels 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 Developments with Outparcels where outparcel lots will be subdivided from the main tract and sold. 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, _Qtkit /i411rl , 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 outparcel or future development area: 2. 3. 4. 5. 6. 7 The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number S W 6 too) o l , as issued by the Division of Water Quality under the Stormwater Management Regulations. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. These covenants are to run with the land and be binding on all persons and parties claiming under them. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the. approved plan 1may not take place .without the concurrence of the Division of Wafer Quality. The maximum built=upon area for the outpa'rcel(s) shown `on the approved plans is as follows: Outparcel # BUA A 41560 sf Outparcel #' BUA B 33063 sf C 33625 sf D 45918 sf E 44450 sf F 41717 sf G 41628 sf H 41382 sf l 38314 sf Duplex Area 150042 sf HCC Site 545875 sf Harris Teeter 304214 sf CVS Site 58447 sf CVS OP 19625 sf These allotted amounts include any built -upon area constructed within the property boundaries, and that portion of the right-of-way between the lot lines 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. The runoff from all built -upon area within the outparcel or future development area must be directed into the permitted stormwater control system. Built -upon area in excess of the permitted amount will require a permit modification. 9. The connection from the outparceI's-collection system into the stormwater control shall be made such that short-circuiting of the system does not occur. Form DRPC-2 Rev.2 05Nov2009 Page 1 oF2 High Density Developments with Outparcels Deed Restrictions & Protective Covenances 10. For those outparcels or future development areas whose ownership is not retained by the permittee, the new owner shall submit a separate offsite stormwater permit application to the Division of Water Quality and receive a permit prior to construction. 11. The project and each outparcel 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. Signature: Date: O I, _ Ib9rc-(L 61 t-- a Notary Public in the State of County of do hereby certify that Ja C'(ue personally appeared before me this the -2( day of � e.r ✓ 20f, and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, �h �, C"] �-•-Q �d SEAL Signature My Commission expires 45 — OD - �;)aq 0� o= 0 tyola+Y public Cumberland COun}Y 2� rIIIw Form DRPC-2 Rev.2 05Nov2009 Page 2 of 2