SW6241002_Deed Restriction/Protective Covenant Form_20241118

Low 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 Low Density Residential
Subdivisions 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, Seth Thompson acknowledge and affirm by my signature below, that I will cause the
following deed restrictions and protective covenants to be recorded for Powder Horn Subdivision prior to
the sale of any lot:
1. The following covenants are intended to ensure ongoing compliance with State Storm water
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 The covenants pertaining to storm water may not be altered or rescinded without the express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 allowable built-upon area per lot is 6,869 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. 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.
9. Each lot will maintain a 30*foot wide vegetated buffer between all impervious areas and surface
waters.
10. All roof drains shall terminate at least 30*foot from the mean high water mark of surface waters.
*50 foot for projects located in the 20 coastal counties.
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-5 Rev.2 05Nov2009 Page 1 of 1