SW6231108_Deed Restriction/Protective Covenant Form_20240621

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, Mubarak Shahbain , 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:
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 The covenants pertaining to storm water may not be altered or rescinded without the express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 built-upon area for the outparcel(s) shown on the approved plans is as follows:
Outparcel# BUA Outparcel# BUA
494560301444 218,997 sf 494560301442 87,639 sf
494560301440 94,385 sf 494560301443 47,684 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.
7. The runoff from all built-upon area within the outparcel or future development area must be
directed into the permitted storm water control system.
8. Built-upon area in excess of the permitted amount will require a permit modification.
9. The connection from the outparcel's collection system into the storm water control shall be made
such that short-circuiting of the system does not occur.
10. For those outparcels or future development areas whose ownership is not retained by the
permittee, the new owner shall submit a separate offsite storm water permit application to the
Division of Energy, Mineral and Land Resources 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.
Form DRPC-2 Rev.2 05Nov2009 Page 1 of 2

High Density Developments with Outparcels
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-2 Rev.2 05Nov2009 Page 2 of 2