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HomeMy WebLinkAboutSW4240501_Deed Restriction/Protective Covenant Form_20241121 High Density Residential Subdivisions 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 Residential Subdivisions where lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. 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, Robin Yaun , 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 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 The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. 5.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 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, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. OR, if the proposed built-upon areas per lot will vary, please REPLACE #6 above with the following: 6. The maximum built-upon area per lot, in square feet, is as listed below: Lot# BUA Lot# BUA Lot# BUA Lot# BUA 1 1,352 2-5 1,187 6 1,352 7 1,352 8 1,187 9 1,352 10 1,352 11. 12 1,187 13 1,352 14 1,352 15-18 1,187 19 1,352 20 1,352 21-24 1,187 25 1,352 26 1,352 27-30 1,187 31 1,352 32 1,352 33-36 1,187 37 1,352 38 1,352 39-42 1,187 43 1,352 44 1,352 45-48 1,187 49 1,352 50 1,352 51-54 1,187 55 1,352 56 1,352 57-59 1,187 60 1,352 61 1,352 62-64 1,187 65 1,352 66 1,352 67-70 1,187 71 1,352 72 1 352 73, 74 1,187 75 1,352 76 1,352 77, 78 1,187 79 1,352 80 1,352 81-83 1,187 84 1,352 85 1,352 86, 87 1,187 88 1,352 89 1,352 90-93 1,187 94 1,352 95 1,352 96-99 1,187 100 1,352 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, coquina and parking areas, ,but does not include raised, open wood decking, or the water surface of swimming pools. Form DRPC-3 Rev.2 05Nov2009 Page i of 2 High Density Residential Subdivisions Deed Restrictions & Protective Covenances 7. Each lot 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. 8. All runoff from the built-upon areas on the lot must drain into the permitted system. This may be accomplished through a variety of means including roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swa/es to collect the lot runoff and directing them into a component of the stormwater collection system. Lots that will naturally drain into the system are not required to provide these additional measures. Signature: ll Date: 3/ Z 12�Z I, DI C/L lLe\ y a Notary Public in the State of rb �'Ie­ -, County of poi do hereby certify that 70)b"11 e• OLW personally appeared before me this the 1 day of / &ft, , 20 ST , and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, SEAL Signature .���.�pN-L_wq��''�- My Commission expires 40 TA Iq y , p i UBL�C'- %--- v Forth DRPC-3 Rev.2 05Nov2009 Page 2 of 2