HomeMy WebLinkAboutSW6240708_Deed Restriction/Protective Covenant Form_20241003 Low Density Residential Subdivisions with Curb Outlet Swales
Deed Restrictions & Protective Covenances
In accordance with Title 15 NCAC 02H.1000, the Stormwater Management Regulations, deed restrictions and
protective covenants are required for Low Density Residential Subdivisions with curb outlet swales,
where lots will be subdivided and sold. Deed restrictions and protective covenants are necessary to ensure
that the development maintains a built-upon area consistent with the applicable regulation governing the
density level.
I, _B&R Southern Investments— Robert Williams acknowledge and affirm by my signature below, that I will
cause the following deed restrictions and protective covenants to be recorded for Robert's Grove 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 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 The covenants pertaining to stormwater may not be altered or rescinded without the express written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 3,500 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, and coquina, but does not include raised, open
wood decking, or the water surface of swimming pools.
7. In the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management
calculates a different maximum allowable built-upon area for that lot than is shown herein, the
governing maximum built-upon area for that lot shall be the most restrictive of the two.
8. This project includes a curb outlet system. Each designated curb outlet swale shall be maintained in
accordance with the designs shown on the approved plans. This requires a minimum of 100'long with
3:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10
year storm in a non-erosive manner, maintain a trapezoidal cross-section with a minimum bottom width
of 2', and maintain a dense vegetated cover.
9. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the
development except for average driveway crossings, is strictly prohibited by any persons.
10. Each lot will maintain a 30*foot wide vegetated buffer between all impervious areas and surface
waters.
11. All roof drains shall terminate at least 30*foot from the mean high water mark of surface waters.
12. Filling in, piping or altering any designated 3:1 curb outlet swale associated with the development is
prohibited by any persons.
*50 foot for projects located in the 20 coastal counties.
Form DRPC-6 Rev 20170420 Page 1 of 2
Low Density Residential Subdivisions with Curb Outlet Swales
Deed Restrictions & Protective Covenances
Signature: Date:05/01/24
I, Mary B. Averette , a Notary Public in the
State of North Carolia , County of Hoke
do hereby certify that Robert Williams personally appeared
before me this the 1st day of May , 20 24 , and acknowledge
the due execution of the foregoing instrument. Witness my hand and official seal,
m
,3, SEAL
Signature y
My Commission expires September 14, 2024 4' NOTARY •i^:
PUBL' C
Form DRPC-6 Rev 20170420 Page 2 of 2