HomeMy WebLinkAboutSW8970102_Current Permit_19970218 State of North Carolina
A7317111
Department of Environment, A
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor E H N
Fl
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
February 18, 1997
Mr. Gary A. Mercer
Mercer Building Company
1301 Lennoxville Road
Beaufort, North Carolina 28516
Subject: Permit No. SW8 970102
Woodlands IV Subdivision
Low Density Subdivision Stormwater Permit
Carteret County
Dear Mr. Mercer:
The Wilmington Regional Office received the Stormwater Management Permit Application for Woodlands IV
Subdivision on January 2, 1997, with fmal information on February 18, 1997. Staff review of the plans and
specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set
forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 970102, dated February 18, 1997,
for the construction of the project Woodlands IV Subdivision.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions
and limitations as specified therein, and does not supercede any other agency permit that may be required.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit.
This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina
General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC
27611-7447. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact either Greg
Stutts or me at (910) 395-3900.
Sincerely,
Rick Shiver, P.G.
Acting Regional Water Quality Supervisor
RS/ges: S:\WQS\STORMWAT\PERMIT\970102.FEB
cc: Ron Cullipher,P.E.,Stroud Engineering,P.A.
Garry Yeomans,Carteret County Inspections
Wilmington Regional Office
Central Files
Greg Stutts
R.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer
State Stormwater Management Systems
Permit No.SW8 970102
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,
and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Mercer Building Company
Woodlands IV Subdivision
Carteret County
FOR TEE
construction, operation and maintenance of a 30% low density subdivision in compliance with the provisions
of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules") and the approved stormwater
management plans and specifications, and other supporting data as attached and on file with and approved by
the Division of Water Quality and considered a part of this permit for Woodlands IV Subdivision.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following
specific conditions and limitations:
I. DESIGN STANDARDS
1. Each of the 20 lots is limited to a maximum of 3,833 square feet of built-upon area, as indicated in the
approved plans. The area labelled "Reserved By Owner" is not approved for development at this time.
CAMA regulations may reduce the allowable built-upon area for those lots within the AEC.
2. The overall tract built-upon area percentage or lot sizes for the project must be maintained at 30%, per
the requirements of Section 1005 of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are incorporated by reference and
are enforceable parts of the permit.
4. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with
minimum side slopes of 3:1 (H:V) or curb outlet systems as defined in the stormwater rules and
approved by the Division.
State Stormwater Management Systems
Permit No.SW8 970102
5. No piping shall be allowed except:
a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road.
b. That minimum amount needed under driveways to provide access to lots.
6. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all
impervious areas and surface waters.
7. The permittee is responsible for verifying that the proposed built-upon area does not exceed the
allowable built-upon area. Once the lot transfer is complete, the built-upon area may not be revised
without approval from the permittee, and responsibility for meeting the built-upon area limit is
transferred to the individual property owner.
8. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office
of the Register of Deeds prior to the sale of any lot. A copy of the recorded restrictions must be
received by this Office within 30 days of the date of recording. Recorded deed restrictions must
include, as a minimum, the following statements related to stormwater management:
a. "The allowable built-upon area per lot is 3,833 square feet, inclusive of that portion of the
right-of-way between the front lot line and the edge of the pavement, structures, pavement,
walkways of brick, stone, slate, but not including wood decking."
b. "The covenants pertaining to stormwater regulations may not be changed or deleted without
concurrence of the Division of Water Quality."
c. "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."
d. "Lots within CAMA's Area of Environmental Concern may have the permitted built-upon area
reduced due to CAMA jurisdiction within the AEC."
9. The Engineer/Owner/Developer/Permittee must certify in writing that the project's stormwater controls,
and impervious surfaces have been constructed within substantial intent of the approved plans and
specifications. Any deviation from the approved plans must be noted on the Certification.
10. The following items will require a modification to the permit. Revised plans, specifications and
calculations must be permitted prior to the permittee beginning construction on the modification:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
c. Transfer of ownership.
d. Redesign or addition to the approved amount of built-upon area.
e. Further subdivision of the project area.
f. Filling in, altering or piping any vegetative conveyance shown on the approved plan.
In addition, the Director may determine that other revisions to the project should require a modification
to the uermit.
State Stormwater Management Systems
Permit No.SW8 970102
11. The Director may notify the permittee when the permitted site does not meet one or more of the
minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall
submit a written time schedule to the Director for modifying the site to meet minimum requirements.
The permittee shall provide copies of revised plans and certification in writing to the Director that the
changes have been made.
II. SCHEDULE OF COMPLIANCE
1. The permittee shall comply with the following schedule for construction and maintenance of the Low
Density Option stormwater systems:
a. Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be
operational for their intended use prior to the construction of any built-upon surface except
roads.
b. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or
other vegetated conveyances will be repaired immediately.
2. The permittee shall at all times provide the operation and maintenance necessary to operate the
permitted stormwater management systems at optimum efficiency to include:
a. Inspections
b. Sediment removal.
c. Mowing, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
3. The permittee shall submit a copy of the recorded deed restrictions which indicates the approved built-
upon area per lot within 30 days of the date of recording.
4. The permittee shall submit the Engineer/Owner/Designer/Permittee Certification within 30 days of
completion of the project.
5. The permittee shall submit all information requested by the Director or his representative within the
time frame specified in the written information request.
M. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to
an enforcement action by the Division of Water Quality, in accordance with North Carolina General
Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated. •
3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for
a permit modification, revocation and reissuance, or termination does not stay any permit condition.
State Stormwater Management Systems
Permit No.SWS 970102
4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and
regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 211.1000;
and North Carolina General Statute 143-215.1 et. al.
5. The permit is not transferable to any person except after notice to and approval by the Director. The
Director may require modification or revocation and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary. A formal permit request must be submitted
to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties
involved, and other supporting materials as may be appropriate. The approval of this request will be
considered on its merits, and may or may not be approved.
6. The issuance of this permit does not preclude the Permittee from complying with any and all statutes,
rules, regulations, or ordinances which may be imposed by other government agencies (local, state and
federal) which have jurisdiction.
7. The permittee grants permission to DEHNR Staff to enter the property during business hours for the
purposes of inspecting the stormwater control system and it's components.
Permit issued this the 18th day of February, 1997
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 970102
DIVISION OF WATER QUALITY
NORTH CAROLINA STORMWATER MANAGEMENT PERMIT APPLICATION
I. GENERAL INFORMATION
(Please print clearly or type)
1. Project Name Woodlands IV Subdivision
2. Location, directions to project(include County, Address, State Road) Attach map. Carteret County,
Newport Twsp. , northernmost extension of New Bern Street.
3. Owner's Name Gary A. Mercer Phone (919) 728-6636
4.Owner's Mailing Address 1301 Lennoxville Road
City Beaufort State N.C. Zip 28516
5.Nearest Receiving Stream Deep Creek Class SC
6.Projectdescription 20 lot single family subdivision.
II. PERMIT INFORMATION
1.Permit No.(To befilled inbyD WQ)
2.ApplicationDate December 17, 1996 Feeenclosed$ 225.00
3.Permit Type: X New Renewal Modification(existing Permit No.)
4. Project Type: X Low Density Detention Infiltration Redevelop General Alter Offsite
5. Other State/Federal Permits/Approvals Required (meek appropriate blanks)
CAMA Major Sedimentation/Erosion Control X 404 Permit
III. BUILT UPON AREA (Please see NCAC 2H.1005 thru.1007for applicable density limits)
Drainage Drainage Breakdown of Impervious Area
Basin Basin (Please indicate below the design impervious area)
Classification SC Buildings 1.76 ac
Existing Built-upon Area 0.AC Streets 0.67 ac
Proposed Built-upon Area 2.43 AC Parking/SW
Total Project Area 9.73 AC ' Other
% Built-upon Area 257, Totals 2.43 AC
IV. STORMWATER TREATMENT (Describe how the runoff will be treated)
Grassed swale.
V. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
Deed restrictions and protective covenants are required to be recorded for all low density projects and all
subdivisions prior to the sale of any lot. Please see Attachment A for the specific items that must be recorded
for the type of project applied for.
By your signature below,you certify that the recorded deed restrictions and protective covenants for this project
shall include all the items required by the permit, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the covenant cannot be changed or deleted without
concurrence from the State, and that they will be recorded prior to the sale of any lot.
VI. OWNER'S CERTIFICATION
I, Gary A. Mercer , certify that the information included on this permit
(Please print clearly or type)
application form is correct, that the project will be constructed in conformance with the approved plans, that
the deed restrictions will be recorded with all required permit conditions, and that to the best of my knowledge,
the proposed project complies with the requirements of 15A NCAC 211,1000.
I authorize the below named person or firm to submit stormwater plans on my behalf.
Owner/Asfhorized Agent Signature and Title • Date
VII. AGENT AUTHORIZATION (Please fill in the name of the engineer/surveyor authorized to submit plans on the owner's behalf.)
Person or firm name Stroud Engineering, P.A.
Mailing Address Hestron Plaza One, Suite 102
City Morehead City State NC Zip 28557 Phone (919) 247-7479
Please submit application, fee, plans and calculations to the appropriate Regional Office.
cc: Applicant/WiRO//Central Files
Office use only
1T@ME7.75n
AN 0 21997
ATTACHMENT A
LOW DENSITY AND ALL SUBDIVISION PROJECTS
GENERAL SUBMITTAL REQUIREMENTS
1. A completed stormwater permit application.
2. Two sets of plans showing north arrow, scale, revision date, property/project boundaries, lot lines,
proposed and existing contours, drainage areas, mean high water line, wetlands, easements, the 30'
minimum vegetated buffer between impervious areas and surface waters, proposed impervious areas,
and road cross-sections.
•
3. Calculations of the built-upon area, For subdivisions, please show the methodology for arriving at the
per lot built-upon area. For non-subdivision projects,please break down the calculation into buildings,
roads, parking,:and other (include all impervious areas).
4. Low density projects with curb outlet systems will require:
a. Drainage area delineation and swale locations shown on the plans.
b. Detail of the swale, showing minimum 5:1 side slope.
c. Velocity calculations, indicating a non-erosive flow for the 10 yr storm.
d. Inlet and outlet elevations. Maximum longitudinal slone is 5%.
e. The type of vegetated cover specified on the plans.
f. A flow spreader mechanism located at the swale entrance.
g. A signed Operation and Maintenance Plan.
DEED RESTRICTION REQUIREMENTS
The following statements must be included for all low density projects, and for all subdivisions:
No more than 3833 square feet of any lot, including that portion of the right-of-way between the edge
of pavement and the front lot line, shall be covered by impervious structures, including asphalt, gravel,
concrete, brick, stone, slate or similar material, not including wood decking or the water surface of swimming
pools. This covenant is intended to ensure continued compliance with the stormwater permit issued by the State
of North Carolina. The covenant may not be changed or deleted without the consent of the State.
No one may fill in or pipe any roadside or lot-line swale, except as necessary to provide a minimum driveway
crossing.
For curb outlet system projects, no one may pipe, fill in, or alter any lot line swale used to meet North
Carolina Stormwater Management Permit requirements.
NOTE If lot sizes vary significantly, the owner/developer must provide an attachment listing each lot number, size,
and the allowable built-upon area for each lot.
CURB AND GUTTER MAINTENANCE REQ
Project Name: Woodlands IV Subdivision Project/go. PM-322-12
Responsible Party: Mercer Building Co. Monello. (919) 728-6636
Address: 1301 Lennoxville Road, Beaufort, N.C. 28516
1. Mowing will be accomplished as needed according to the season. Grass height will not
exceed 6" at any time.
2. Swales will be inspected monthly or after every runoff producing rainfall event for
sediment build-up, erosion, and trash accumulation.
3. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded
or sodded following sediment removal.
4. Eroded areas of the swalcs will be repaired and reseeded. Swales will be revegetated as
needed based on the monthly inspections.
5. Catch basins, curb cuts, velocity reduction devices, and piping will be inspected monthly
or after every runoff producing rainfall event Trash and debris will be cleared away from
grates, curb cuts, velocity reduction devices, and piping.
I acknowledge and agree by my signature below that I am responsible for the performance of the
above maintenance procedures.
�
I, Kimberly D. Whittaker ,allotaryPublicfortheStateof North Carolina
Countyof Carteret ,do certify that Gary A. Mercer
personally appeared before me this day of , 19 , and
acknowledge the due execution of the foregoing instrument. Witness my band and official seal,
My commission expires November 15, 2000.
DA/arl: S:IWQSISTORMWATVPORMS1O&M-C&G.POR
RECEIVE.*
. I 0 7 „„�
{ifr
S STROUD ENGINEERING, RA.
HESTRON PLAZA TWO
V 151-A HWY.24 December 19, 1997
MOREHEAD CITY,NORTH CAROLINA 28557
l (919)247-7479
North Carolina Department of Environment, Health,
and Natural Resources
Division of Water Quality
P.O. Box 29535 .f- 7107 r" ���,.
Raleigh, N.C. 27626-0535 .,,
fii:L; ;a 0 c'� l
RE: Stormwater Permit No. SW8-970102 row s :u c: a.` CH
Woodlands IV Subdivision
Carteret County
Gentlemen:
This is to certify that the subject project's stormwater controls have been constructed
within the substantial intent of the approved plans and specifications.
Transmitted herewith are the deed restrictions which have been recorded for this
subdivision with the Carteret County Register of Deeds.
Sincerely,
IGILTAAS-e.U4D-Ctiteurk:c__
onald D. Cuffipher, P.E.
RDC/km
cc: Gary Mercer
Woodlan5.txt
107 COMMERCE ST. 2961 A MARKET ST. HESTRON PLAZA TWO
SUITE B SUITE A 151-A HWY.24
GREENVILLE, NC 27858 WILMINGTON,NC 28403 MOREHEAD CITY,NC 28557
(919)756-9352 (910)815-0775 (919)247-7479
l �_
/ RECEIVED
v CART Rr T COUNTY
Prepared by: Rtthard L. Stanley REGISTER' 1.)17 OEEG::—
P .O. Box 150
i l^ � �. o y I.� r j!'1
Beaufort, N. C. 28516 97 �`::. 13 E., � 39
STATE OF NORTH CAROLINA PROTECTIVE COVENANTS AND RESTRICTIONS
FOR WOODLANDS IV SUBDIVISION
COUNTY OF CA,,RTERET
THESE PROTECTIVE COVENANTS AND RESTRICTIONS made this J/ day
of AUGUST , 1997, by Storage Plus, Inc . , a North .
Carolina Corporation, Beaufort, North Carolina, said Protective
Covenants and Restrictions for Woodlands IV Subdivision being for
the use and benefit of all future owners of lots in Woodlands IV
Subdivision, as the same is identified on that certain plat
prepared by Stroud Engineering, Morehead City, North Carolina, for
Woodlands IV Subdivision dated July, 1997, and recorded in Map Book
a 9 , Page /6'9 , Carteret County Registry;
WITNESSET H:
WHEREAS, Storage Plus, Inc . , hereinafter designated
"Developer" , in order to promote a uniform and harmonious
development of said lands as a desirable residential community, and
so as to provide for the use and maintenance of the subdivision
streets , drainage easements, ditches and swells until the same are
accepted by the Town of Newport or other public agency having
authority of the same, does desire to adopt these Protective
Covenants and Restrictions for Woodlands IV for the purposes herein
expressed;
NOW, THEREFORE, in order to provide for the forgoing, the
Developer does hereby covenant and agree with all persons, firms or
corporations now owning or hereafter acquiring any lot within
Woodlands IV Subdivision, that the use of lots in Woodlands IV
Subdivision is hereby made subject to the following restrictions,
covenants, terms and conditions which shall run with said land and
shall be binding on all property owners within said Subdivision and
their successors and assians .
SECTION I - DEFINITIONS
As used throughout this Declaration, the following terms shall
have the definitions set out herein as follows :
A. "Developer" shall mean and refer to Storage Plus, Inc . ,
a North Carolina Corporation, and its successors and assigns .
73 . "Owner" shall mean and refer to the ow:__ of r ^f
any _lot in Woodlands T Subdi-:io_on as said lots are shown on the
recorded map her r=-IIrrar to, but exo' u4__ ___...se olds
C. "Lot" to an', - numbered _ _
1. s�.SC __ :w.:- lots shown ..._ _.__`• r'
map of Woodlands IV S.ubc_ . is recorded aforesaid .
SECTION II - COVENANTS AND RESTRICTIONS —s
1 . Applicability. Lots 1 through 20 as shown on a map of
Woodlands IV Subdivision referred to above are expressly made
subject to the operation of these Covenants .
2 . Reservations . The Developer reserves the right
absolutely to change, alter or redesignate the allocated, planned,
platted, or recorded use, area, or designation of any of the lots
shown on the map Woodlands IV Subdivision recorded aforesaid so
long as the Developer retains title to the property involved, so
long as any changes or alterations are in conformance with the Town
of Newport ' s Subdivision and Zoning Ordinances, including, but not
limited to the right to change, alter or redesignate roads,
utility and drain facilities; and to change, alter or redesignate
such other present or proposed lot lines and facilities as may, in
the sole . judgment of the Developer, be necessary or desirable .
3 . Residential Use .
A. All numbered lots shall be used for single family
residential purposes only. No structures shall be constructed,
altered, placed or permitted to remain on any lot in the
subdivision unless the same is a single family residence . -
B . Mobile homes, trailers, manufactured homes, tents and all
other structures of a temporary character are expressly prohibited
from being placed, put or maintained on any lot at any time .
Provided, this prohibition shall not apply to shelters used by a
Contractor or Builder during the construction of a single family
dwelling so long as said temporary shelter is immediately removed
following completion of the dwelling.
As used herein, the term "mobile home" and "manufactured home"
shall have those definitions and meanings set forth in G. S . 41-2 . 5,
G.'S . 143-143 . 9 (6) , and G.S . 143-145 (7) . Provided, that the width
and length of a manufactured home or mobile home shall be
irrelevant and inapplicable as it is the intent of these covenants
to prohibit manufactured homes and mobile homes of all sizes
regardless of length and width.
C. Only stick built detached single family homes shall be
permitted on any of the lots within the subdivision. However, with
prior approval of the Developer or his written designee, a
"modular" home which is defined herein as a prefabricated structure
• having floors, walls, ceilings, or roof composed cf sections cr
panels of varying size which have been fabricated prior to erection
on a building foundation may be permitted. However, written f=c�:. `� - unless �==-�.e--
- V r
all Permission the Dev _� e or his W�"i��.2_^. ue S- -__ -.. ^..,- =C.M
modular structures are ^' jb - -
D. No fuel tanks or similar storage receptacles_amay be
exposed to vie— Any such receptacles may be installed only within
the main dwelling house, within a permitted accessory building,
within a screened area, or buried underground. Provided, the
Developer shall be permitted to erect, place or permit the
placement of tanks or other apparatus within the subdivision for
uses related to the provision of water and other utilities to the
subdivision wand adjoining lands .
E . A guest suite or like facility may only be included on a
lot if attached to or as a part of the main dwelling, but such
suite may not be sold, rented or leased except as part of the
entire premises including the main dwelling.
4 . Minimum Building Reauirements .
A. No residential structure shall be constructed on any of
the residential lots unless the residential structure shall contain
a minimum of 1, 050 square feet of enclosed dwelling area for each
residential structure . For any dwelling containing more that a
single story, the first story must contain a minimum of 725 square
feet and the total enclosed dwelling area for the dwelling
containing more than one story must contain a minimum of 1, 050
square feet . As used herein the term "enclosed dwelling area"
shall mean the total enclosed heated area within a dwelling,
excluding garages, terraces , decks, unenclosed porches, and similar
areas .
B . No building shall be erected or allowed to remain on any
lot in said subdivision within 30 feet of the street abutting the
front of each lot or within 10 feet of any side line of each lot,
or within 20 feet of the rear lot line, or as said set backs may be
shown on the recorded maps of the Subdivision, whichever is the
greater amount of set back. As to a corner lot with two sides
adjoining a street, the front set back shall be 30 feet and the
side set back for the other side line adjoining the street shall be
20 feet .
C. The exterior of all houses and other structures must be
completed within twelve (12) months after construction is
commenced, except under such circumstances where such completion is
impossible or would result in great hardship to the owner or
builder due to strikes, fires, national emergency or natural
calamities .
D. Each lot owner shall provide receptacles for
trash in a screened area not generally P garbage and
gene- _ly visiblefrom the road giving
access to the premises, or shall o.rov=de underground :rash and
recectac
garbage � les or similar facilities ._ties All -underground
b G-_ be enclosed wi- - a
- --- _uel -�--.{s and wood
E . EarW,nt owner -shall provide space for parking Teo motor
vehicles off the street prior to the occupancy of any dwelling
constructed on said lot and motor vehicles shall not be parked on
the streets within said Subdivision.
F. Each lot owner shall be permitted to build, erect or
maintain not more than one detached outbuilding on any lot not
exceeding ttvo stories in height to be used as a private garage,
storage or utility building in connection with the —primary
residential structure on the lot; Said detached building shall not
be used for any activity normally conducted as a business . Said
detached building shall not be constructed prior to the
construction of the main dwelling, and said detached building shall
comply with all of the set back requirements setforth herein for
the main dwelling. Additionally, said detached building shall be
built of the same quality and type of materials and its design
shall be in a manner compatible with the main dwelling house
located on the lot . Said outbuilding shall be located no closer to
the street on which the lot fronts than the single family dwelling
located thereon.
G. Clothes lines and television sat,'11 "-' disks are
expressly prohibited except in accordance with this paragraph. All -
clothes lines shall be located on the rear side of the house
opposite the front street line and shall not extend in width beyond
the ends of the residential structure . Additionally, not more than
one satellite dish not exceeding two feet in diameter may. be
permitted at the rear of the residential structure opposite the
front street line . Any satellite dish shall not be located more
than four feet above ground level and shall be appropriately
screened with wooden fencing and/or vegetation and foliage so that
no part of the satellite dish may be seen or observed from any lot
line .
H. All garbage, trash and debris shall be placed in cans and
containers approved by the Town of Newport for the disposal of
trash, and except for the day of pickup, shall remain to the rear
of the residential dwelling so that the same may not be seen or
observed from the street .
I . All driveways leading from any of the streets Serving
access to the Lot as shown on the plat of Woodlands IV Subdivision
to dwellings and structures constructed on Lots within Woodlands IV
shall be paved with asphalt , concrete, paving brick or other
materials as approved by the Developer or its written designee .
The paving of driveways with gravel or marl is prohibited unless
otherwise approved in writing
des . by the Developer or _it
_s written
ignee
V' Nc c a.*c r e c r _ ` -
commercial ,.._ .. c.'tis exceeding one .. _. oared..._G �. / on
any lot for any,.purpose unless it is located behind the residential
dwelling or inside the carport or garage located on the lot .
K. The only permitted access to each lot from any of the
streets or roads within the Subdivision shall be over a culvert
placed or constructed within the right of way ditching or swales
meeting the Town of Newport and/or the North Carolina Department of
Transportation' s specifications . No lot owner shall fill in or
alter any of the drainage ditches, swales or drainage easements
without the written approval of the Developer, the Town of Newport
and the State of North Carolina. Additionally, each lot owner
shall be responsible for the clean out and maintenance of the
ditches, swales and drainage easements located on or adjoining his
lot or lots .
L. Fencing in the side yard of a lot shall not exceed four
feet in height and shall not extend on the front street side of the
front facade of the house . Fencing in the front yard is
prohibited. A lot owner shall be prohibited from placing,
constructing or locating in the rear yard any fencing exceeding six
feet in height .
5 . Nuisances , Inoperable Vehicles , Etc .
A. No inoperable, unserviceable, unlicensed, junked or
abandoned vehicles, appliances or other assorted junk and useless
materials and trash may be kept on any lot except that the owner
shall be permitted to locate entirely within the garage not more
than one motor vehicle for necessary repairs or maintenance so as
to make the same operable .
B . No noxious or offensive activity shall be carried on upon
any lot, nor shall anything be done thereon tending to cause
embarrassment, discomfort, annoyance or a nuisance to the
neighborhood. No horses, ponies, animals or livestock of any kind
shall be raised, breed, or kept on any of the lots, except that
dogs, cats or household pets may be kept so long as they are not
kept, breed or maintained for any commercial purpose and provided
the household pets do not become an annoyance or nuisance to the
neighborhood.
C. All buildings, structures and their ap_urten_ances shall
be maintained in a reasonable state of repair. In the event of
damage to a building or other structure by fire or other ,
the exterior of a building
or structure shall be repaired within
six (6) months or the buildinc structure shall
the premises cleared of debris within be demolished and
the damage occurred. s_x (6) months o= the date
.
square feet in size each. Provided, nothing herein shall—prohibit
" the Developer =rom erecting, placing or maintaining such signs as
may be deemed necessary or appropriate by the Developer for
carrying out the Developer' s development of the Subdivision.
7 . Subdividing. Except as to any lot still owned by the
Developer, no lot shall be further subdivided, or its boundary
lines changed, except with the prior written consent of the
Developer. Likewise, no lot shall be used as a street, road,. lane,
way or easement over which access may be obtained from a Woodlands
Subdivision lot to adjacent properties without the specific written
consent of the Developer. In the event the Developer hereafter
determines it is necessary to alter or change any boundary lines or
lot, then a revised plat of said Subdivision or section thereof
subject to the alteration or change shall be recorded, and all such
lots thereon shall be subject to the terms and conditions of these
covenants .
8 . Restrictions on Built-Up Area .(---------------
In order to ensure
continued compliance with the Developer' s stormwater permit issued
by the State of North Carolina, no more than 3833 square feet of
any Lot, including that portion of the right-of-way between the
edge of pavement and the front lot line, shall be covered by
impervious structures, including asphalt , gravel, concrete, brick,
stone, slate or similar material, not including wood decking or the
water surface of swimming pools . Additionally, no one may fill in
or pipe any roadside or lot-line swale, except as necessary to
provide a minimum driveway crossing.
9 . Easements .
A. The Developer reserves unto itself a perpetual, alienable
and releasable easement and right-of-way on, over, under, through
and upon the ground with men and equipment to erect , maintain, and
inspect, repair and use electric and telephone poles, wires,
cables, conduits, sewers, water mains and electricity, telephone
equipment, gas, sewage, water and community utilities or
conveniences in and over the front ten feet of each lot and ten
feet along one side line of each lot and such other areas as may be
shown on the recorded map of the Subdivision, together with the
right to cut drainways for surface water whenever action may appear
to the Developer to be necessary in or to maintain reasonable
standards of health, safety and appearance . These easements and
rights-of-way expressly include the right to cut trees , bushes or
shrubbery, the grading of the soil, or to take similar actions
reasonably necessary to provide economical
p d ec.:__�m_,.- and safe utility
installation and to maintain reasonable standards
Ganda^ s of health, safety
and appearance . The Developer fu r __ e - • _ _-
said easements oner _ v _g: 7 as
.
.w: ccm a e.7 or sir" ^ _- - - _ - .. - --
•
r.
�-
B . The_J eveloper .reserves the right to subject -ate real
property in this Subdivision to a contract with Carolina Power &
Light Company for .the installation of underground electric cables
which may require an initial contribution, and/or the installation
of street lighting which will require a continuing monthly payment
to Carolina Power & Light Company by the owner of each building.
C. It: shall be the responsibility of each lot owner to keep
free and clear any and all drainage easements shown on the recorded
map of the Subdivision, and each owner shall in no way obstruct,
block or impede the flow of water through said drainage easements .
Likewise, each owner shall be prohibited from filling or altering
any swales or other drainage or storm water facilities or to
otherwise block or impede the flow of water through said
facilities . In the event any lot owner should obstruct, block or
impede the flow of water through said drainage facilities or swales
or allow said obstruction or blockage to remain so as to impede the
flow of water, then the Developer, the Town of Newport, or one or
more property owners within the Subdivision shall have the right to
clear said drainage facilities and swales and to recover from the
party responsible the cost of said clearing if said obstruction or
blockage was the result of deliberate acts or negligence of the
responsible party.
D . The right of each owner and his heirs, successors in
interest and assigns, with regard to the ownership and enjoyment of
the streets, drainage facilities and other easements appurtenant to
each lot is subject to the right of the Developer. and its
successors and assigns to grant one or more permanent easements and
rights of way to the Town of Newport and/or the North Carolina
Department of Transportation for the roads, drainage facilities,
and other utilities . In accordance with the Town of Newport
subdivision regulations , the Developer will warrant the streets ,
drainage facilities and other utilities constructed and placed by
the Developer within Woodlands IV Subdivision for a period of one
year from the date .of final subdivision approval by the Town of
Newport . At the .end • of the one year warranty period, the
Developer' s responsibility shall terminate with regard to the roads
and other utilities except that the Developer may transfer or
dedicate the same to the Town of Newport or other public agencies .
J
10 . Covenants Run with the Land. These Covenants and
Restrictions shall run with the land and inure to the benefit of
the property owners for a term of twenty-five (25) years from the
date these Restrictive *Covenants are recorded. Thereafter, said
Covenants shall be autcmat_ca' renewed and extended _
d
Restrictions may :e amended by an _ �__rumen executed b __no: --=s
s
than _^_two-t _res of th iot cw-'-=- ;�-_--_-^- said L, - _ - ��
amendment mustbe Oroce_ ;v corde . __ .
7
11 . Violations . In the event of a violation or breatl of any
of these Covenants by any lot owner or other person, the -Developer
or any one or more owners of lots in the Subdivision, or any of
them jointly or severally, shall have the right to proceed at law
or in equity to compel compliance with the terms and conditions set
forth herein and to prevent the violation or breach of these
Covenants, and to recover damages as compensation for a breach or
violation of these Covenants . Any failure to enforce any right,
reservation, or conditions contained in these Covenants,—however
long continued shall not be deemed a waiver of the right to do so
hereafter as to the same breach, or as to a breach occurring prior
or subsequent thereto, and shall not bar or affect its enforcement .
12 . Invalidation. The invalidation by a Court or other
public agency of any of the provisions of these Covenants shall not
in any way affect any of the remaining provisions, and the same
shall remain in full force and effect .
13 . Additions to Subdivision. Developer with regard to
adjoining properties reserves the right to add additional
properties and lots to Woodlands IV Subdivision and to submit and
bind the same to the terms and conditions of these Covenants by the
execution and recordation of amendments to these Covenants
submittina future sections and phases .
TNESS WHEREOF, the Developer has executed these Covenants
and year first above written .
Storage Plus, Inc .
C
\�Attp t�`)• By: Pr sident
S ry: _
,
STATE OF NORTLCAROLINA - COUNTY OF CARTERET _..s
, a Notary Public of the County and State aforesaid, certify
that.JL�fii4k S , rnPR..cee, , personally came before me this day and
acknowledged that she is the Secretary of Storage Plus, Inc . , a
North Carolina Corporation, and that by authority duly given and as
the act of the corporation, the foregoing instrument was signed in
its name bl, its President, sealed with its corporate seal and
attested by her as its Secretary. —
R0tb7i,�•ness my hand and official stamp or seal, this the .31
J day
of July;.'i,997 .
ti'��1111�.1/1,�, �' .V / r n
,_ Pt.1-',--tc !
� { 'v• A ' Notary Pu' lic
j .*': �
i. / ,'• .
T _ . ;N1115�pFini7i etori expires . ;1'l�1:4c'�, Cv (' ()(i
• = `n t+.o :
'°Val NORTH CAROLINA, CARTER e•�:•.....• . COUNTY G�. /J
`�i S' The foregoing certificates) o f
s (are) certified to be correct. This instrufient was pre-
,t
ser..t for egistratic� recorded in this office in
Boo pays 3 / 1 j -
T his fl day of 1111 � P/2 - --
Sharon Pinar
Register of
i. w
^`. De„uty
::\3tms'-...-5 -5 _esi.......: sa_ wcc-_n-.==.
9