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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 This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required.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