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HomeMy WebLinkAboutSW8100714_CURRENT PERMIT_20220628 (2)STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 (o 07 1+ DOC TYPE CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE Z02Z 0 6 21 YYYYMMDD ROY COOPER Covemar ELIZABETH S. BISER Secretary BRIAN WRENN Director June 28, 2022 NORTH CAROLINA Environmental Quality Carolina Plantations Owners Association Attn: President c/o Premier Management Company 110 Box 12051 Wilmington, NC 28405 Subject: Permit Transfer under N.C.G.S. 143-214.7(c2)/ Notice of Inspection Post -Construction Stormwater Management Permit No. SW8 100714 Great Neck H, Regal Hill, Tinley Estates at Carolina Plantations Onslow County Dear I IOA President The Division of Energy, Mineral and Land Resources received a complete Permit Transfer Application on April 12, 2022, requesting to transfer ownership of the subject permit to a unit owners association, owners association, or other management entity identified in the condominium or planned community's declaration under the provisions of 15A NCAC 02H.1045(t)(b) and N.C.G.S. 143-214.7(c2). Staff has inspected the project on September 21, 2021, with a follow-up file review inspection on June 28, 2022, reviewed the available documentation, and confirmed that that the requirements of N.C.G.S. 143-214.7(c2) have been met, including: 1. The "declarant" of the covenants meets the definition of a declarant as set forth in Chapter 47F, the Planned Community Act. 2. The permittee has submitted a completed and signed Permit Transfer Application Form; 3. The permittee has submitted a copy of the recorded deed conveying any common areas to the Association; 4. The permittee has demonstrated that at least 50% of the lots have been conveyed to individuals (not builders); 5. Confirmation by the Division that the project is in compliance with the permit as documented by the enclosed compliant inspection report and based on the following documents provided by the permittee: a. A copy of the designer's certification for any permitted SCMs; b. A copy of the recorded deed restrictions and covenants that includes: the project's state stormwater permit number, permitted stormwater restrictions and requirements, and BUA allocations for each lot; c. Verification that the permitted maximum built -upon area per lot has not been exceeded; d. A copy of the recorded subdivision plat documenting the number of lots and the locations of all required drainage and maintenance access easements as depicted on the approved plans; Since the requirements of N.C.G.S. 143-214.7(c2) have been met, permit SW8 100714 has been transferred, updated, and re -issued on June 28, 2022, as attached. For your records, please also find enclosed a copy of the Transfer Application documents, a copy of the inspection report, and a copy of the latest application documents. The project is subject to the conditions and limitations as specified in the updated and transferred permit, including the need to submit the originally signed and notarized Operation and Maintenance agreement found in Attachment E to the Division within 30 days of permit issuance. This permit remains effective until December 31, 2029 and does not supersede any other agency permit that may be required. The project shall be subject. to the conditions and limitations as specified therein. This permit does not impose new or increased stormwater control requirements or design standards; it clarifies the rules and requirements of this program to provide you with abetter understanding of your obligations under this permit. Failure to comply with these requirements will result in future compliance problems. Please note that this permit is not transferable except after notice to and approval by the Division. North Carollna Department of Environmental Qyality i Division of Energy, Mineral and Land Resources ..// Wilmington Regional office 1127 Cardinal Drive Extenslon I Wilmington, North Carolina 28405 ��� / 910.796.7215 State Stormwater Permit No. SW8 100714 Page 2 of 2 If you have any questions concerning this permit, please contact Kelly Johnson in the Wilmington Regional Office, at (910) 796-7215 or kelly.p.johnson@ncdenr.gov. Sincerely, 5�; Brian Wrenn, Director Division of Energy, Mineral and Land Resources Enclosures: Attachment B— Built -Upon Area Allocation Attachment C — Permitting History Attachment E — copy of the signed and approved Operation & Maintenance Agreement and a blank version copy of the Transfer Application documents including Transfer Application Form, certifications copy of the latest compliance inspection report copy of the latest application documents DES/kpj: \\\Stormwater\Permits & Projects\2010\100714 11D\2022 06 permit 100710 cc: Mr. Anthony Sydes, Carolina Plantation Development Corporation; previous pennittee PO Box 7122, Jacksonville, NC 28540 Mr. Richard Muni, Tidewater Associates, Inc. PO Box 976, Jacksonville, NC 28541 Mr. Cameron Vanorsdel, Association Manager, Premier Management PO Box 12051, Wilmington, NC 28405 Wilmington Regional Office Stony water File �FQ NorthCzroltna Department of Environmental Quality I Divisiony, Mi Lsion of Energneral and Land Resources / Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7M State Stormwater Management Systems Permit No. SW8 100714 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES POST CONSTRUCTION MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION 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 Carolina Plantation Development Corporation Great Neck Sections IIA & 11B, Regal Hill and Tinley Estates at Carolina Plantations Jacksonville, Onslow County FOR THE construction, operation and maintenance of two (2) wet detention ponds and one (1) constructed wetland in compliance with the provisions of Session Law 2008-211 and 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') as outlined in the application, approved stormwater management plans, supplement, calculations, operation and maintenance agreement, recorded documents, specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed, operated, and maintained in accordance with these approved plans and specifications. The approved plans and specifications are incorporated by reference and are enforceable part of this permit. This permit shall be effective from the date of issuance until December 31, 2029, and shall be subject to the following specified conditions and limitations: SIGNED OPERATION AND MAINTENANCE AGREEMENT. The Operation and Maintenance Agreement found in Attachment E must be signed and notarized by the new permittee and submitted to the Division within 30 days of permit issuance. I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. This stormwater system has been approved for the management of stormwater runoff as described in Sections 1.7 and 1.8 of this permit. The subdivision is permitted for 141 lots, each limited to a maximum amount of built -upon area as indicated in Section 11.20 (0 of this permit. There are 90 lots in Great Neck Section 11; 28 lots in Regal Hill; and 23 lots in Tinley Estates. The stormwater controls designated as Pond 1, Pond 2, and Wetland 3, have been designed to treat the runoff from 310,600, 670,170, and 35,750 square feet of built -upon area, respectively. Page 1 of 10 State Stormwater Management Systems Permit No. SW8 100714 The tract will be limited to the amount of built -upon area indicated in Sections 1.2 and 1.7 of this permit, and per approved plans. The built -upon area for the future development within the drainage areas of Pond 1 and Pond 2 is limited to 5,488 and 115,931 square feet, respectively. This permit does not provide any allocation of built -upon area for future development within the drainage area of Wetland 3. 4. The runoff from all built -upon area within the permitted drainage areas of this project must be directed into the permitted stormwater control systems. 5. A 50' wide vegetative buffer must be provided and maintained adjacent surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the banks of each side of streams and rivers and the mean high-water line of tidal waters. The wet detention pond(s) may not be located within the buffer and no built -upon area is allowed within the buffer. 6. All runoff being directed into wetlands shall flow into and through those wetlands at a non - erosive velocity. The following design elements have been permitted for the 2 wet detention pond stormwater facilities and must be provided in the systems at all times. Pond 1 Pond 2 a. Drainage Area, acres: Onsite, ft2: Offsite, ft2: 18.47 804,558 0 36.10 1,572,516 0 b. Total Impervious Surfaces, ft2: Lot BUA, ft2: Roads, ft2: Sidewalks, ft2: Future, ft2: Offsite, ft2: 310,600 216,000 79,600 9,512 5,488 0 670,170 385,250 154,562 14,427 115,931 0 c. Design Storm, inches: 1.5 1.5 d. Average Pond Design Depth, ft: 6.0 5.0 e. TSS removal efficiency: 90% 90% f. Permanent Pool Elevation, FMSL: 43.50 44.50 _g. Permanent Pool Surface Area, ft2: 18,229 48,000 h. Permanent Pool Volume, ft3: 89,577 211,989 i. Permitted Forebay Volume, ft3: 17,442 45,241 Permitted Storage Volume, ft3: 44,841 86,346 k. Temporary Storage Elevation, FMSL: 45.50 46.10 F Pre-dev. 1 yr-24 hr. discharge rate, cfs: 7.20 7.20 m. Controlling Orifice: 3.0" fD pipe 4.0" O pipe n. Orifice Flowrate, cfs: 0.19 0.30 o. Fountain Horsepower, HP: 1/3 3/4 P. Receiving Stream / River Basin UT to Half Moon Creek / White Oak q. Stream Index Number: WOK02 19-6 r. Classification of Water Body: C; NSW Page 2 of 10 State Stormwater Management Systems Permit No. SW8 100714 8. The following design elements have been permitted for this constructed wetland stormwater facility and must be provided in the system at all times. Wetland 3 a. Drainage Area, acres: 2.16 Onsite, ft2: 94,046 Offsite ft2: 0 b. Total Impervious Surfaces, ft2: 35,750 Lot BUA, ft2: 33,750 Roads, ft2: 2,000 Future, ft2: 0 Offsite ft2: 0 c. Design Storm, inches: 1.5 d. Ponding Depth, inches: 11.0 e. TSS removal efficiency: 85% f. Permanent Pool Elevation, FMSL: 44.0 g. Permitted Wetland Surface Area, ft2: 5,806 Shallow Land Area, ft2: 2,299 Shallow Water Area, ft2: 2,361 Deep Pool Area, ft2: 1,146 h. Permitted Storage Volume, ft3: 4,806 i. Temporary Storage Elevation, FMSL 44.92 j. Pre-dev. 1 yr-24 hr. discharge rate, 1.77 cfs: k. Controlling Orifice: 1.0" 0 pipe I. Orifice Flowrate, cfs: 0.015 m. No. of Plants in Shallow Water Area: 600 Herbaceous Plants n. No. of Plants in Shallow Land Area: 200 Herbaceous Plants and 60 Shrubs o. Receiving Stream / River Basin UT to Half Moon Creek / White Oak p. Stream Index Number: WOK02 19-6 q. Classification of Water Body: C. NSW It. SCHEDULE OF COMPLIANCE The permittee is responsible for routine monitoring of the project's built -upon area and verifying that the built -upon area for the entire project and for each lot does not exceed the maximum allowed by this permit. Once the lot transfer is complete, the lot owner may not increase the built -upon area above the permitted maximum for that lot without approval from both the permittee and the Division. The permittee shall not approve any requests for additional built -upon area over and above the permitted maximum on any lot without first submitting for and receiving a permit modification from the Division. The permittee must maintain compliance with the overall BUA limit for the project established by this permit, the permit documents and the recorded deed restrictions. If any lot is found to have exceeded the permitted BUA limit for that lot without the approval of the Division and the permittee, the permittee shall notify the lot owner in writing and require resolution. 3. The permittee shall review all proposed new and modified lot plans for compliance with the BUA limit. The plans reviewed must include all proposed built -upon area. The permittee shall not approve any plans that exceed the maximum allowed BUA limit. Any approvals given by the Permittee do not relieve the permittee or the lot owner of the responsibility to maintain compliance with the BUA limit established by the permit and in the recorded deed restrictions. Page 3 of 10 State Stormwater Management Systems Permit No. SW8 100714 4. 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. 5. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. C. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown on the approved plan. e. The construction of any allocated future BUA. f. Adding the option to use permeable pavement or #57 stone within the lots as a permeable surface. The request may require a proposed amendment to the deed restrictions and protective covenants for the subdivision to be submitted and recorded. g. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. h. Other modifications as determined by the Director. 6. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 7. Access to the approved stormwater management system for inspection and maintenance must be provided. All stormwater collection and treatment systems must be located in a right-of- way, a dedicated common area or a recorded easement. The final plats for the project will be recorded showing all such required rights -of -way, common areas and easements, in accordance with the approved plans. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 10. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 11. The permittee shall at all times provide and perform the operation and maintenance items as specified in the signed Operation and Maintenance agreements, to assure that all components of the permitted stormwater system function at the design condition. The approved Operation and Maintenance Agreement must be followed in its entirety and maintenance must occur at the scheduled intervals. Page 4 of 10 State Stormwater Management Systems Permit No. SW8 100714 12. Records of maintenance activities must be kept by the permittee. The records will indicate the date, activity, name of person performing the work and what actions were taken. 13, The facilities shall be constructed, operated and maintained in accordance with the provisions of this permit, the approved plans and specifications, and the supporting documents attached to this permit and on file with the Division. 14. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Any items not in compliance must be repaired, replaced restored, or resolved prior to the transfer. Records of maintenance activities performed to date may be requested. 15. Decorative spray fountains are allowed in the pond, subject to the following criteria: a. The minimum permanent pool volume is 30,000 cubic feet. b. The fountain must draw its water from less than 2' below the permanent pool surface. C. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. d. The fountain may not be placed into the forebay. e. The falling water from the fountain must be centered in the main pond, away from the shoreline. f. The maximum horsepower for a fountain in Pond 1 is 1/3 and Pond 2 is 3/4 horsepower. 16. The following deed restrictions and protective covenants related to stormwater management have been recorded in with the Onslow County Register of Deeds, are incorporated by reference, and must be maintained in perpetuity (Great Neck Section 2A (BK3542/PG514); Great Neck Section 2B (BK36051PG756); and Tinley Estates (BK42691PG650-656)] a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 100714, as modified and reissued by the Division of Energy, Mineral and Land Resources under NCAC 02H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. f. The maximum built upon area per lot is as follows: 90 lots - Lots 142-231 Great Neck Section II @4,500 sf; 28 lots - Lots 247-274 Regal Hill @3,500 sf; 23 lots - Lots 1-23 Tinley Estates @4,500 sf 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. g. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. h. Built -upon area in excess of the permitted amount will require a permit modification. 17. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. Page 5 of 10 State Stormwater Management Systems Permit No. SW8 100714 III. GENERAL CONDITIONS CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective actions. This includes actions required by this Division and the stormwater rules such as the construction of additional or replacement on -site stormwater systems. These additional or replacement measures shall receive a permit from the Division prior to construction. 2. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate application, documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(3). 3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION. The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one of these changes. 4. TRANSFER. This permit is not transferable to any person or entity except after notice to and approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. a. TRANSFER REQUEST. The transfer request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This request must be submitted within 90 days of the permit holder meeting one or more of the following: i. A natural person who is deceased; ii. A partnership, limited liability corporation, corporation, or any other business association that has been dissolved, iii. A person or entity who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur through foreclosure, bankruptcy, or other legal proceeding. iv. A person or entity who has sold the property, in whole or in part, on which the permitted activity is occurring or will occur, except in the case of an individual residential lot sale that is made subject to the recorded deed restrictions and protective covenants; V. The assignment of declarant rights to another individual or entity; vi. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143-214.7(c2); b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Records of maintenance activities performed to date may be requested. Projects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met. 5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of this permit until the Division approves the transfer request. a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans, application, supplement, operation and maintenance agreement, all applicable recorded documents, and specifications shall be maintained on file by the permittee at all times. Page 6 of 10 State Stormwater Management Systems Permit No. SW8 100714 b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. c. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an annual certification completed by either the permittee or their designee confirming the projects conformance with permit conditions e. OBTAINING COMPLIANCE. 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 modified plans and certification in writing to the Director that the changes have been made. OTHER PERMITS. The issuance of this permit does not preclude the permittee from complying with and obtaining any other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. Permit transferred, updated and reissued this the 28th day of June 2022 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION a�an n, Irec o Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 7 of 10 SW8 100714 - Attachment B Permit Section Lot BUA/Lot in Permit BUA/Lot Recorded Recorded BK/PG SW8 100714 GreatNeck Sec2A L166 S2A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L167 52A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L168 52A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L169 S2A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L170 S2A GREAT NECK AT CAROLINA PLANTATION 4,5001 4,500 BK3542/PG514 SW8 100714 lGreatNeck Sec2A L17152A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L172 52A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L173 52A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L174 S2A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L175 52A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L176 S2A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L177 S2A GREAT NECK AT CAROLINA PLANTATION 4,5001 4,500 BK3542/PG514 SW8 100714 lGreatNeck Sec2A L178 S2A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L179 52A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L180 S2A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L181 S2A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L182 52A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L183 S2A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L184 S2A GREAT NECK AT CAROLINA PLANTATION 4,5001 4,500 BK3542/PG514 SW8 100714 lGreatNeck Sec2A L185 52A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L186 52A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L187 S2A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L188 52A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L189 S2A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L190 S2A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L191 S2A GREAT NECK AT CAROLINA PLANTATION 4,5001 4,500 BK3542/PG514 SW8 100714 lGreatNeck Sec2A L192 S2A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L193 S2A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L194 S2A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L195 S2A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L196 S2A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L197 S2A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 Page 1/5 SW8 100714 - Attachment B Permit Section Lot BUA/Lot in Permit BUA/Lot Recorded Recorded BK/PG SW8 100714 GreatNeck Sec2A L198 S2A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2A L199 S2A GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3542/PG514 SW8 100714 GreatNeck Sec2B L142 S28 GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L143 S28 GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L144 S28 GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L145 S28 GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L146 S213 GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L147 S213 GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L148 S26 GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L149 S213 GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L150 S213 GREAT NECK AT CAROLINA PLANTATION 4,5001 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L151 S2B GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L152 52B GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L153 S28 GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L154 S28 GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L155 S28 GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L156 S2B GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L157 52B GREAT NECK AT CAROLINA PLANTATION 4,5001 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L158 52B GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L159 52B GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L160 52B GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L161 S28 GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L162 S2B GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L163 S2B GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 lGreatNeck Sec2B L164 S213 GREAT NECK AT CAROLINA PLANTATION 4,5001 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L165 S213 GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L200 S213 GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L201 52B GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L202 S213 GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L203 S2B GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L204 S213 GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L205 52B GREAT NECK AT CAROLINA PLANTATION 1 4,5001 4,500 BK3605/PG756 Page 2/5 SW8 100714 - Attachment B Permit Section Lot BUA/Lot in Permit BUA/Lot Recorded Recorded BK/PG SW8 100714 GreatNeck Sec2B L206 S28 GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L207 52B GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L208 S28 GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L209 S213 GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L210 S2B GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L211 52B GREAT NECK AT CAROLINA PLANTAT10N 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L212 S2B GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L213 S2B GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L214 52B GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG756 SW8 100714 GreatNeck Sec2B L215 S213 GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG757 SW8 100714 lGreatNeck Sec2B L216 5213 GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG757 SW8 100714 GreatNeck Sec2B L217 5213 GREAT NECK AT CAROLINA PLANTATION 4,5001 4,500 BK3605/PG757 SW8 100714 GreatNeck Sec2B L218 5213 GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG757 SW8 100714 GreatNeck Sec2B L219 528 GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG757 SW8 100714 GreatNeck Sec2B L220 528 GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG757 SW8 100714 GreatNeck Sec2B L221 528 GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG757 SW8 100714 GreatNeck Sec2B L222 52B GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG757 SW8 100714 GreatNeck Sec2B L223 52B GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG757 SW8 100714 GreatNeck Sec2B L224 52B GREAT NECK AT CAROLINA PLANTATION 4,5001 4,500 BK3605/PG757 SW8 100714 GreatNeck Sec2B L225 52B GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG757 SW8 100714 GreatNeck Sec2B L226 52B GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG757 SW8 100714 GreatNeck Sec2B L227 S2B GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG757 SW8 100714 GreatNeck Sec2B L228 S2B GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG757 SW8 100714 GreatNeck Sec2B L229 S2B GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG757 SW8 100714 lGreatNeck Sec2B L230 S2B GREAT NECK AT CAROLINA PLANTATION 4,500 4,500 BK3605/PG757 SW8 100714 GreatNeck Sec2B L231 S28 GREAT NECK AT CAROLINA PLANTATION 4,5001 4,500 BK3605/PG757 SW8 100714 RegalHill L247 REGAL HILL @ CAROLINA PLANTATIONS 3,500 3,500 BK3605/PG757 SW8 100714 RegalHill L248 REGAL HILL @ CAROLINA PLANTATIONS 3,500 3,500 BK3605/PG757 SW8 100714 RegalHill L249 REGAL HILL @ CAROLINA PLANTATIONS 3,500 31500 BK3605/PG757 SW8 100714 RegalHill L250 REGAL HILL @ CAROLINA PLANTATIONS 3,500 3,500 BK3605/PG757 SW8 100714 RegalHill L251 REGAL HILL @ CAROLINA PLANTATIONS 3,500 3,500 BK3605/PG757 SW8 100714 RegalHill L252 REGAL HILL @ CAROLINA PLANTATIONS 3,500 3,500 BK3605/PG757 Page 3/5 SW8 100714 - Attachment B Permit Section Lot BUA/Lot in Permit BUA/Lot Recorded Recorded BK/PG SW8 100714 RegalHill L253.REGAL HILL @ CAROLINA PLANTATIONS 3,500 3,500 BK3605/PG757 SW8 100714 RegalHill L254 REGAL HILL @ CAROLINA PLANTATIONS 3,500 3,500 BK3605/PG757 SW8 100714 RegalHill L255 REGAL HILL @ CAROLINA PLANTATIONS 3,500 3,500 BK3605/PG757 SW8 100714 RegalHill L256 REGAL HILL @ CAROLINA PLANTATIONS 3,500 3,500 BK3605/PG757 SW8 100714 RegalHill L257 REGAL HILL @ CAROLINA PLANTATIONS 3,500 3,500 BK3605/PG757 SW8 100714 RegalHill L258 REGAL HILL @ CAROLINA PLANTATIONS 3,500 3,500 BK3605/PG757 SW8 100714 RegalHill L259 REGAL HILL @ CAROLINA PLANTATIONS 3,500 3,500 BK3605/PG757 SW8 100714 RegalHill L260 REGAL HILL @ CAROLINA PLANTATIONS 3,500 3,500 BK3605/PG757 SW8 100714 RegalHill L261 REGAL HILL @ CAROLINA PLANTATIONS 3,500 3,500 BK3605/PG757 SW8 100714 RegalHill L262 REGAL HILL @ CAROLINA PLANTATIONS 3,500 3,500 BK3605/PG757 SW8 100714 RegalHill L263 REGAL HILL @ CAROLINA PLANTATIONS 3,5001 3,500 BK3605/PG757 SW8 100714 RegalHill L264 REGAL HILL @ CAROLINA PLANTATIONS 3,5001 3,500 BK3605/PG757 SW8 100714 RegalHill L265 REGAL HILL @ CAROLINA PLANTATIONS 3,500 3,500 BK3605/PG757 SW8 100714 RegalHill L266 REGAL HILL @ CAROLINA PLANTATIONS 3,500 3,500 BK3605/PG757 SW8 100714 RegalHill L267 REGAL HILL @ CAROLINA PLANTATIONS 3,500 3,500 BK3605/PG757 SW8 100714 RegalHill L268 REGAL HILL @ CAROLINA PLANTATIONS 3,500 3,500 BK3605/PG757 SW8 100714 RegalHill L269 REGAL HILL @ CAROLINA PLANTATIONS 3,500 3,500 BK3605/PG757 SW8 100714 RegalHill L270 REGAL HILL @ CAROLINA PLANTATIONS 3,500 3,500 BK3605/PG757 SW8 100714 RegalHill L271 REGAL HILL @ CAROLINA PLANTATIONS 3,5001 3,500 BK3605/PG757 SW8 100714 RegalHill L272 REGAL HILL @ CAROLINA PLANTATIONS 3,500 3,500 BK3605/PG757 SW8 100714 RegalHill L273 REGAL HILL @ CAROLINA PLANTATIONS 3,500 3,500 BK3605/PG757 SW8 100714 RegalHill L274 REGAL HILL @ CAROLINA PLANTATIONS 3,500 3,500 BK3605/PG757 SW8 100714 Tinley Ll TINLEY ESTATES AT CAROLINA PLANTATION 4,500 4,500 BK4269/PG650-656 SW8 100714 Tinley L10 TINLEY ESTATES AT CAROLINA PLANTATION 4,500 4,500 BK4269/PG650-656 SW8 100714 Tinley Lll TINLEY ESTATES AT CAROLINA PLANTATION 4,500 4,500 BK4269/PG650-656 SW8 100714 Tinley L12 TINLEY ESTATES AT CAROLINA PLANTATION 4,5001 4,500 BK4269/PG650-656 SW8 100714 Tinley L13 TINLEY ESTATES AT CAROLINA PLANTATION 4,500 4,500 BK4269/PG650-656 SW8 100714 Tinley L14 TINLEY ESTATES AT CAROLINA PLANTATION 4,500 4,500 BK4269/PG650-656 SW8 100714 Tinley L15 TINLEY ESTATES AT CAROLINA PLANTATION 4,500 4,500 BK4269/PG650-656 SW8 100714 Tinley L16 TINLEY ESTATES AT CAROLINA PLANTATION 4,500 4,500 BK4269/PG650-656 SW8100714 Tinley L17 TINLEY ESTATES AT CAROLINA PLANTATION 4,500 4,500 BK4269/PG650-656 SW8100714 ITinley L18 TINLEY ESTATES AT CAROLINA PLANTATION 4,500 4,500 131<4269/PG650-656 Page 4/5 SW8 100714 - Attachment B Permit Section Lot BUA/Lot in Permit BUA/Lot Recorded Recorded BK/PG SW8 100714 Tinley L19 TINLEY ESTATES AT CAROLINA PLANTATION 4,500 4,500 BK4269/PG650-656 SW8 100714 Tinley L2 TINLEY ESTATES AT CAROLINA PLANTATION 4,500 4,500 BK4269/PG650-656 SW8 100714 Tinley L20 TINLEY ESTATES AT CAROLINA PLANTATION 4,500 4,500 BK4269/PG650-656 SW8 100714 Tinley L21 TINLEY ESTATES AT CAROLINA PLANTATION 4,500 4,500 BK4269/PG650-656 SW8 100714 Tinley L22 TINLEY ESTATES AT CAROLINA PLANTATION 4,5001 4,500 BK4269/PG650-656 SW8 100714 Tinley L23 TINLEY ESTATES AT CAROLINA PLANTATION 4,500 4,500 BK4269/PG650-656 SW8 100714 Tinley L3 TINLEY ESTATES AT CAROLINA PLANTATION 4,500 4,500 BK4269/PG650-656 SW8 100714 Tinley L4 TINLEY ESTATES AT CAROLINA PLANTATION 4,500 4,500 BK4269/PG650-656 SW8 100714 Tinley 1-5 TINLEY ESTATES AT CAROLINA PLANTATION 4,500 4,500 BK4269/PG650-656 SW8 100714 Tinley 1-6 TINLEY ESTATES AT CAROLINA PLANTATION 4,500 4,500 BK4269/PG650-656 SW8 100714 ITinley 17 TINLEY ESTATES AT CAROLINA PLANTATION 4,500 4,500 BK4269/PG650-656 SW8 100714 ITinley L8 TINLEY ESTATES AT CAROLINA PLANTATION 4,5001 4,500 BK4269/PG650-656 SW8 100714 ITinley L9 TINLEY ESTATES AT CAROLINA PLANTATION 1 4,5001 4,5001 BK4269/PG650-656 Page 5/5 State Stormwater Management Systems Permit No. SW8 100714 Attachment C — Permitting History Approval Permit BIMS Description of the Changes Date Action Version 10/13/2010 Original 10 Approval Development plans for Tinley Estates, the previously designed "Future Multi -family Section", are added to the approved plan set. The project name has been changed to remove "Future Multi -family Section" and add "Tinley Estates". The multi -family area is now 23 single family lots. In Pond 91, the future BUA allocation has been 2/5/2015 Modification 1.1 reduced by a total of 9,512 sf for the addition of sidewalks. The future BUA allocation available for Pond # 1 is now 5,488 sf. In Pond #2, the future BUA allocation has been reduced by a total of 156,069 sf for the development of Tinley Estates and the addition of sidewalk. The future QUA allocation available for Pond #2 is now 115,931 sf. The NCDOT required additional catch basins to protect 1 1/14/2019 Modification 1.2 vehicle motor safety during large rain events. Those additional catch basins are now shown on the plans. 7/26/2021 Renewal 2.0 6/28/2022 Transfer 2.1 Page 9 of 10 State Stormwater Management Systems Permit No. SW8 100714 Attachment E — Operation and Maintenance Agreement (Please Sign and Notarize the Blank Sheet. The original is provided for reference.) Page 10 of 10 Permit Number: ✓`� /OO7/�/ (to he prorirled hi: DIVQ) Drainage Area Number: k Wet Detention Basin Operation and Maintenance Agreement 1 will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity Of structures, safety of the public, and the removal efficiency of the BMP. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one): ❑ does ® does not incorporate a vegetated filter at the outlet. This system (check one): ❑ does ® does not incorporate pretreatment other than a forebay. Important maintenance procedures: — Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). — No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. — Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. — If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. — Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: How I will remediate theproblem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to detention basin erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide time and a one-time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of long. approximately six inches. Form SW401-Wet Detention Basin O&M-Rev.4 AUG 17 MO Page I of'Sl Permit Number: 56091c % 7(_ (to be pry tided l�v DWQ) Drainage Area Number:_ BMP element: Potentialproblem: How I will remediate theproblem: The inlet device: pipe or The pipe is clogged. Unclog the pipe. Dispose of the swale sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the Regrade the wale if necessary to wale. smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. The forebay Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design depth for possible. Remove the sediment and sediment storage. dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The vegetated shelf Best professional practices Prune according to best professional show that pruning is needed practices to maintain optimal plant health. Plants are dead, diseased or Determine the source of the dying. problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The main treatment area Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design sediment possible. Remove the sediment and storage depth. dispose of it in a location where it will not cause impacts to streams or the BMP. Algal growth covers over Consult a professional to remove 50% of the area. and control the algal growth. Cattails, phragmites or other Remove the plants by wiping them invasive plants cover 50% of with pesticide (do not spray). the basin surface. Form SW401-Wet Detemion Basin O&M-Rev.4 AUG 1 7 20fo Page 2 of`S q Permit Number. 5W f t w 74- (to he prc vided by DIFQ) Drainage Area Number:__ 13MP element: Potentialproblem: How I will remediate theproblem: The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or Use traps to remove muskrats and beaver activity, is present. consult a professional to remove beavers. A tree has started to grow on Consult a dam safety specialist to the embankment. remove the tree. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. if a, licable The outlet device Clogging has Occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Division of damage have occurred at the Water Quality Regional Office, or outlet. the 401 Oversight Unit at 919-733- 1786. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 90 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 9.0 feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation 43.5 Sediment Removal E.34.5 Pe manes fool ----------------- Volume Sediment Removal Elevation 34.5 a Volume 13mtom Elevatio 33.5 -11 Min. '-- -----------------'-----'-_ - ----'- - '-'--------- Sediment Bottom Elevation 33.5 1-ti n Storage Sedimer Storage POREBAY MAIN POND Form SW401-Wet Detention Basin O&M-Rev.4 CFp 0 9 2010 Page 3 of 4 Permit Number: SW d'tW 7( y- (to be provided by DIVQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name:Great Neck, Section II at Carolina Plantations BMP drainage area number:Wet Detention Basin No. I Print name:Anthony W. Sydes Address: PO Box 7122, Jacksonville NC, 28541 Date: 1 -aLk - oLO1 b Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, _i 1't- CA V, (cx e I ( , a Notary Public for the State of r ti 10. County of 6rE�loW , do hereby certify that Qn&WN \At . SV �15 personally appeared before me this day of GlAv\ I p'101and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, Q Notary Public e Onslow County My Commission Explte 07i0612013 Q, Onl y C A��\ SEAL Jmt - f. 4"td My commission expires t OgU3 Form SW401-Wet Detention Basin O&M-Rev.4 AUG 1 7 2010 Page 5-Of 5- Permit Number: J/�U /" / (to he provided hr pH' Drainage Area Number: P, Wet Detention Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one): ❑ does ® does not incorporate a vegetated filter at the outlet. This system (check one): ❑ does ® does not incorporate pretreatment other than a forebay. Important maintenance procedures: — Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). — No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. — Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. — If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. — Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept ill a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: How 1 will remediate theproblem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to detention basin erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of long. approximately six inches. 1 7 2010 Form SW401-Wet Detention Basin O&M-Rev.4 AUG Page I Of 4 Permit Number:-56UF/CO7t ¢ (to he pro �i led by DIVQ) Drainage Area Number: BMP element: Potentialproblem: How 1 will remediate theproblem: The inlet device: pipe or The pipe is clogged. Unclog the pipe. Dispose of the swale sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the Regrade the srvale if necessary to Swale. smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. The forebay Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design depth for possible. Remove the sediment and sediment storage. dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The vegetated shelf Best professional practices Prune according to best professional show that pruning is needed practices to maintain optimal plant health. Plants are dead, diseased or Determine the source of the dying. problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates It Is necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The main treatment area Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design sediment possible. Remove the sediment and storage depth. dispose of it in a location where it will not cause impacts to streams or the BMP. Algal growth covers over Consult a professional to remove 50% of the area. and control the algal growth. Cattails, phragmites or other Remove the plants by wiping them invasive plants cover 50% of with pesticide (do not spray). the basin surface. ForntSW401-We(DelenlionBasin O&M-Rev.4 AUG 17 2010 Page 2 of 4 J Permit Number::5(A) d? 1007(¢ (to be provided by DWQ) Drainage Area Number: Z BMP element: Potentialproblem: How 1 will remediate theproblem: The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or Use traps to remove muskrats and beaver activity is present. consult a professional to remove beavers. A tree has started to grow on Consult a dam safety specialist to the embankment. remove the tree. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. if applicable) The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Division of damage have occurred at the Water Quality Regional Office, or outlet. the 401 Oversight Unit at 919-733- 1786. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 6.25 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 6.25 feet in the forebay, the sediment shall be removed. Sediment Removal Bottom BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation 44.5 38.25 Pe areas nen Pool Volume Sediment Removal Elevation 38.25 Volume 37.25 -ft Min. Sediment Bottom Elevation 37.25 1-ft 4r Storage Sedimet Storage FOREBAY MAIN POND SEP 0 9 2010 Form SW401-Wet Detention Basin O&M-Rev.4 Page 3 of 4 Permit Number: SG.) 0 /0G / ( 7 - (to be provided by DWQ) I acknowledge and agree by my signature below that 1 am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name:Great Neck, Section 11 at Carolina Plantations BMP drainage area number:Wet Detention Basin No. 2 Print name:Anthony W. Sydes Address:PO Box 7122, Jacksonville NC, 28541 I� Date: l—at�l— o�t0 Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, �(�j Q,� tTCI V ,1`+� I I , a Notary Public for the State of wutwN (L4f0VtIVA County of 0(VS\6w , do hereby certify that OOMNO(N W S.i a2S personally appeared before me this aa'� day of ;v.`y ;AID , and acknowledge the due execution of the forgoing et detention basin maintenance requirements. Witness my hand and official seal, V. KgSSF Notary Public ! OnslOW County My Commission Expio 07PO612013 4 Ali � . O?lynCn toy \\�: SEAL - - My commission expires \ 1 Ju`y c', 963 Or, 17 2010 Form SW401-Wet Detention Basin O&M-Rev.4 Page 4 of 4 Permit Number: �l/ lw 7/�Z (to be provided by DWQ) Drainage Area Number: 3 Stormwater Wetland Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures: — Immediately after the stormwater wetland is established, the wetland plants will be watered twice weekly if needed until the plants become established (commonly six weeks). — No portion of the stormwater wetland will be fertilized after the first initial fertilization that is required to establish the wetland plants. — Stable groundcover will be maintained in the drainage area to reduce the sediment load to the wet detention basin. — Once a year, a dam safety expert will inspect the embankment. After the wet detention pond is established, I will inspect it once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: How I will rernediate theproblem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the Areas of bare soil and/or Regrade the soil if necessary to wetland erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one- time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of long. approximately six inches. The inlet device: pipe or The pipe is clogged (if Unclog the pipe. Dispose of the swale applicable). sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged (if applicable). Erosion is occurring in the Regrade the swale if necessary to swale (if applicable). smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. AUG 1 i 2010 FormSW401-Wetland O&M-Rev.3 Page 1 of 4 4,14) 0 3 BMP element: Potentialproblem: How I will remediate theproblem: The forebay Sediment has accumulated in Search for the source of the the forebay to a depth that sediment and remedy the problem if inhibits the forebay from possible. Remove the sediment and functioning well. dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If a pesticide is used, wipe it on the plants rather than spraying. The deep pool, shallow Algal growth covers over Consult a professional to remove water and shallow land 50% of the deep pool and and control the algal growth. areas shallow water areas. Cattails, phragmites or other Remove the plants by wiping them invasive plants cover 50% of with pesticide (do not spray) - the deep pool and shallow consult a professional. water areas. Shallow land remains flooded Unclog the outlet device more than 5 days after a immediately. storm event. Plants are dead, diseased or Determine the source of the dying. problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Best professional practices Prune according to best professional show that pruning is needed practices. to maintain optimal plant health. Sediment has accumulated Search for the source of the and reduced the depth to 75% sediment and remedy the problem if of the original design depth possible. Remove the sediment and of the deep pools. dispose of it in a location where it will not cause impacts to streams or the BMP. AUG 17 2010 Form SW401-Wetland O&M-Rev.3 Page 2 of 4 04 # 3 BMP element: Potentialproblem: How I will remediate theproblem: The embankment A tree has started to grow on Consult a dam safety specialist to the embankment. remove the tree. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. Evidence of muskrat or Use traps to remove muskrats and beaver activity is present. consult a professional to remove beavers. The micropool Sediment has accumulated Search for the source of the and reduced the depth to 75% sediment and remedy the problem if of the original design depth. possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Plants are growing in the Remove the plants, preferably by micropool. hand. If a pesticide is used, wipe it on the plants rather than spraying. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality 401 Oversight Unit at 919- outlet. 733-1786. 1 7 2010 Form SW401-Wetland O&M-Rev.3 AUG Page 3 of 4 Permit Number: SW gloo / r 7-- (to be provided by DWQ) I acknowledge and agree by my signature below that 1 am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name: Great Neck, Section 11 at Carolina Plantations BMP drainage area number: Stormwater Wetlands ( BMP Drainage Area 3 ) Print name: Anthony W. Sydes Address: PO Box 7122, Jacksonville NC, 28541 Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. 1, W1 / [J U91 n K) , a Notary Public for the State of of JY/-)/(J (/U do hereby certify that personally appeared before me this FF*1 day of , and acknowledge the due execution of the forgoing sto water wetland maintenance requirements. Witness my hand and official seal, SEAL My commission expiresllo� i� -- I //7DI Form SW401 -Wetland O&M-Rev.3 AUG 1 7 2010 Page 4 of 4 4 NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT TRANSFER APPLICATION FORM Pursuant to 15A NCAC 02H.1045 and ofherapplicable statues as reference within Only complete applications packages will be accepted and reviewed. This toms and the required items (with original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating the project on the interactive online map at hhu:-IIdea.nc.cov/contact/reoional-officas After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit conditions, the permit shall not be transferred until.' 1. the current permittee resolves all non-compliance issues identified in the inspection report 2. the current permittee negotiates a resolution with the proposed perniffee (in writing and signed by both entities. The negotiated resolution must identify the necessary actions, the responsible party(les), and the tlmelines to correct the defrclencies. The site must either be found in compliance or a copy of the negotiated resolution must be submitted prior to the transfer of the permit.); or 3. in the case where a transfer falls under G. S. 143-214 7rc2i (see also SL 2011-256), the proposed permittee resolves all non-compliance issues upon acquiring the permit. Signature requirements for the named signing official (tor current and proposed permittee) must meet the following: • Corporation - a principal executive ofRcer of at least the level of vice-president • Limited Liability Company (LLC) - the designated manager, (Documentation from the NC Secretary of State or other oflkia/ documentation must be provided that states the titles and positions held by the person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for the LLC) • Municipality - a ranking official or duly authorized employee; • Partnership or limited partnership - the general partner, • Sole proprietor, • The signature of the consultant or other agent shall be accepted on this permit transfer application only if accompanied by a letter of authorization signed by one of the signatories noted In a-e above, as applicable. A. GENERAL INFORMATION 1. State Stormwater Permit Number: SW8-100714 2. Projectname: GREAT NECK II REGAL HILL, TINLEY ESTA this an updated project name from the current permit? ❑ Yes Qq No 3. Reason for the ppermit transfer request: Transfer to H.O.A. AT CAROLINA PLANTATIONS Is JUL 21 202, Stormwaler Permit Transfer Application Form Page 1 of 7 April 27.2018 B. PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below) ❑ 1. Both the current and proposed permittees ® 2. Only the current permittee of a condominium or planned community (skip Part F & G). In accordance with G. S. 143-214.7tc21 (see also SL 2011-256), this type of transfer is allowed only when all of the following items can be truthfully checked. ® Any common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners' association or owners' association In accordance with the declaration; ® The declarent has conveyed at least fifty percent (50%) of the units or lots to owners other than a declarant (provide documentation per submittal requirements below); ® The stormwater management system is in compliance with the stormwater permit. NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that the elements of the Planned Community Act (see §47F) have been met by the Declarant for the subdivision. If the Declarant chooses to use this type of transfer, the determination must be in writing, signed by the attorney, and submitted to DEMLR with this form. ❑ 3. Only the proposed permittee (skip Part D below). In accordance with G. S. 143-214.7(c51(see also SL 2013-121), this type of transfer Is allowed only when all of the following Items can be truthfully checked: ❑ a. The proposed permittee is either (select one of the following): ❑ The successor -owner who holds title to the property on which the permitted activity is occurring or will occur; ❑ The successor -owner who is the sole claimant of the right to engage in the permitted activity. ❑ b. The current permittee is (select at least one of the following, but all that apply): ❑ A natural person who Is deceased. ❑ A partnership, Limited Liability Corporation, corporation, or any other business association that has been dissolved ❑ A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur. ❑ A person who has sold the property on which the permitted activity is occurring or will occur. ❑ Other (please explain): ❑ c. The proposed permittee agrees to the following requirements (all must be selected): ❑ There will be no substantial change in the permitted activity. ❑ The permit holder shall comply with all terms and conditions of the permit until such time as the permit is transferred. ❑ The successor -owner shall comply with all terms and conditions of the permit once the permit has been transferred. JUL 212021 i BY,r Storwater Permit Transfer Application Form Page 2 of 7 April 27, 2018 C. SUBMITTAL REQUIREMENTS Please mark 'Y'to confirm the Items are included with this form. Please mark 1r if previously provided. If not applicable or not available, please mark N/A.: 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.3Dteg21_ 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the required items. Y 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of State demonstrating that the proposed permittee is a legal and viable entity able to conduct business In North Carolina. 4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized applicable 08M agreement(s) from the gfogosed oennitteeas required by the permit. Y 6. Legal documentation that the property has transferred to the proposed permittee (such as a recorded deed for the property, uncompleted development and/or common areas) or legal documentation demonstrating that the proposed permittee is the sole claimant of the right to engage in the permitted activity. Y 8. If required by the permit and if the project has been built, a signed, sealed and dated certification document from a licensed professional stating that the stormwater management system has been inspected and that it has been built and maintained in accordance with the approved plans. Y _ 7. A copy of the recorded covenants and deed restrictions, if required by the permit If the project has been built, documentation that the maximum allowed per lot bullt-upon area or the maximum allowed total built -upon area has not been exceeded. If the project has not been built, the new owner shall provide a signed agreement to submit final recorded deed restrictions and protective covenants. Y 8. If transferring under.G.S. 143-214.7tc21 (i.e., Part 8, Item 2 ofthis form is selected), documentation verifying that 50% or more of the lots have been conveyed to Individuals (not builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address, owner's name, conveyance date and deed book and page number are acceptable. 9. If transferring under G. S. 143-214.7tc5! (i.e., Part 8, Item 3 of this form Is selected), provide legal documentation supporting the dissolution of the corporation or documentation supporting the current permittee was lawfully and finally divested of title of the property. 10, A copy of the lease agreement if the proposed permittee is the lessee. 11. A copy of the pending sales agreement if the proposed permittee is the purchaser. 12, A copy of the development agreement if the proposed permittee is the developer. JUL 2 ) 2021 Storrnwater Permit Transfer Application Form Page 3 of 7 April 27, 2018 D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION 1. Current Permit Holder's Company Name/Organization: Carolina Plantation Development Corporation 2. Signing Official's Name: Anthony W. Sydes 3. Signing Official's Title: President 4. Malling Address: _ PO Box 7122 City: Jacksonville State: NC ZIP : 28540 S. Street Address: 100 Carolina Plantations Boulevard City: Jacksonville State; NC ZIP: 28540 6. Phone: 19101 _ 455-6958 Email: leahquinn@sydescommunkies.com ANTHONY W. SYDES , the current parnittee, am submitting this application for a transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified an Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project and/or the stormwater system associated with this permit. I have provided a copy of the following documents to the proposed permittee named In this application form: (select aA that apply) ® the most recent permit; ® the designer's certification for each SCM; © any recorded deed restrictions, covenants, common areas, drainage easements or plats; ❑ the approved plans and/or approved as -built plans; ❑ the approved operation and maintenance agreement ❑ past maintenance records from the previous permittee (where required); ❑ a copy of the most recent Inspection report; I further attest that this application and request for a permit transfer Is accurate and complete to the best of my knowledge. I attest that 1 have provided all of the required items per the law to transfer this permit. I understand that If all required parts of this request are not completed or if all required supporting information and att5chments Rated above are not included, this request package will be returned as incomplete I assign all rights and obligations as pe a to the proposed perm a named below. I understand that this request to transfer the permit may n the pproved b e EMLR unless nd until the facility Is in compliance with the peLitSignature: Date:� I, �A/_ / •_ _�N�Y / i / _ _ �n a Notary Public for the State of —,County of Di�ill�Q r y do hereby certify that ANTHONY W. SYDES personally appeared before me thisthe day of JUNE , 20 21 and acknowledge the d1te 9xecution of the forgoing my hand and official seal, =A JUL 2 Stomwrater Permit Transfer Application Form Page 4 of 7 April 27, 2018 54-/0o7i4 E. PROPOSED PERMITTEE INFORMATION The proposed permittee Is the: ❑ Property owner (Also complete Part F.) 12 Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association (UOA) (Also complete Pert F.) ❑ Lessee - Attach a copy of the lease agreement. Both the lessee and the property owner will appear on the permit as co-permNtees. tithe lease Is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) ❑ Purchaser - Attach a copy of the pending sales agreement The permit will require submission of a copy of the recorded dead after the purchase has taken place. If the purchase agreement is cancelled the permit reverts to the property owner. (Also complete Parts F & G.) ❑ Developer -Attach a copy of the development agreement Both the developer and the property owner wlil appear on the permit as co-permittess. If the development agreement Is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) 2. Proposed penntltee name (check one of the following and provide the name): ❑ Corporation, LLC, Partnership, Municipality name: ® HOAiPOAIUOAnsme: CAROLINA PLANTATIONS OWNERS ASSOCIATION ❑ Sole Proprietor 3. Proposed permittee contact Information: Pleaso be sure to provide Email. a. Signing Official's Name: b. Signing Official's Title: . c. Mailing Address: City: d. Sheet Address: City: a. Phone: Email: ZIP ZIP: 4. H there Is a Management Entity that manages the property for an HOA. POA or UOA, please provide: Please bo sure to provido Email. a. Management company or Business name: PREMIER MANAGEMENT COMPANY b. Contact Name: CAMERON VANORSDEL Title: Association Manager c. Melling Address: PO Box 12051 d. City: Wilmington Sgtrd; NC ZIP: 28405 e. Phone:. 679-3012 Email: cameron@premiermanagementnc.com Stormwater Permit Transfer Application Form Page 5 of 7 Apd127. 2018 F. PROPOSED PERMITTEE CERTIFICATION 1, _ , hereby notify the DEMLR that I have acquired through sale, lease, development agreement, or other legal transfer, the project/property covered by the stormwater management permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater management system. 1 acknowiedge and attest that I have received a copy of: (select all that apply): ❑ the most recent permit; ❑ the designer's certification for each SCM; ❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats; ❑ the approved plans and/or approved as -built plans; ❑ the approved operation and maintenance agreement; ❑ past maintenance records from the previous permittee (where required); ❑ a copy of the most recent inspection report; ❑ Check here if the proposed permihee agrees to be the entity responsible for addressing any compliance issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a written document statement, with a plan of action and schedule"addressed to this office stating that they will bring the project into compliance upon receipt of the transferred permit. This written plan of action and schedule"must be received by the Division before the Division will transfer the permit I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will comply with the terms and conditions of the permit I will construct the project's built -upon area as shown on the approved plans; and I will (construct), operate and maintain the approved stormwater management system pursuant to the requirements listed in the permit and In the operation and maintenance agreement. Signature: County of Date: a Notary Public for the State of do hereby certify that personally appeared before me this the day of . 20_, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Notary Signature My commission expires 1r�, 4� __%, jut Storrnwater Penult Transfer Application Form Page 6 of 7 April 27, 2018 G. PROPERTY OWNER INFORMATION AND CERTIFICATION Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to the property owner if the purchase agreement, development agreement or lease expires or is terminated. Company Name/Organization: - Signing Official's Printed Name: Signing Official's Title: -- Mailing Address: -- City: State: ZIP . _ Phone: (_) ____ _Email: I, , hereby certify that 1 currently own the property Identified in this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase agreement, development agreement or the lease agreement which names the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the permit transfer request. I agree to notify DEMLR within 30 days If there are any changes to the purchase, developer or lease agreements and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR Stormwater permit If the property purchase, tease or developer agreementloontract is cancelled or defaults. I understand that any individual or entity found to be in noncompliance with the provisions of the stormwater management permit or the stormwater rules, Is subject to enforcement action as set forth in NC General Statute (NCGS) 143, Article 21. Signature of the property owner a Notary Public for the State of Date: County of________ do hereby certify that personally appeared before me this the day of 20 , and acknowledge the due execution of the forgoing Instrument Witness my hand and official seal, (Notary Seal) Notary Signature My commission expires Stormwater Permit Transfer Application Form Page 7 of 7 Aprll 27, 2018 SWS-100714 (141 LOTS) GREAT NECK SECTION II -A 34 Lots/l Open Space Lots #166 through #199 GREAT NECK, SECTION II-B 56 Lots/2 Open Spaces Lots # 142 through # 165 Lots #200 through #231 REGAL HILL 28 Lots/1 Open Space Lots #247 through #274 TINLEY ESTATES 23 Lots/2 Open Spaces Lots #1 through #23 q► JUz ?, aw dl Permit No. )IQo be provided 5y DW ) �% ®TA o�op W ATPq�G NCDENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part III) must be printed, filled out and submitted along with ell of the required information. 1. PROJECT INFORMATION Project name Great Neck, Section II at Carolina Plantations Contact person Anthony Sydes Phone number 910455-6956 Date 09108110 Drainage area number Wet Detention Basin p 1 II. DESIGN INFORMATION Site Characteristics Drainage area Impervious area, post -development %impervious Design rainfall depth Storage Volume: Non -SA Waters Minimum volume required Volume provided Storage Volume: SA Waters 1.5'runoff volume Pre -development 1-yr, 24-fir runoff Post -development 1-yr, 14-hr runoff Minimum volume required Volume provided Peak Flow Calculations Is the pre/post control of the lyr 24hr storm peak flow required? 1-yr, 24hr rainfall depth Rational C, pre -development Rational C, post -development Rainfall intensity: 1-yr, 24-hr storm Pre -development 1-yr, 24-hr peak flow Post -development 1-yr, 24-hr peak flow PrelPosl 1-yr, 24-hr peak flow control Elevations Temporary pool elevation Permanent pool elevation SHWT elevation (approx. at the perm. pool elevation) Top of 1Oft vegetated shelf elevation Bottom of 10ft vegetated shelf elevation Sediment cleanout, top elevation (bottom of pond) Sediment cleanout, bottom elevation Sediment storage provided Is there additional volume stored above the state -required temp, pool? Elevation of the top of the additional volume Form SW401-Wei Detention BasirvRev.B-9r17/09 804,558 ryt 310,600 ry 38.61 % 1.5 in 39,975 rya 44,841 fts ft3 If Its ffs Ifs �ll11 OK OK, volume provided is equal to or in excess of volume required. 3.5 in 0.30 limitless) 0.50 (unitless) 2.73 inthr OK 7.20 n3kec 31.08 ffsysec 23,88 fly/sec 45.50 bast 43.50 fmsl \ 48.50 foist 44.00 foist 43.00 fins! 34.50 bast 33.50 finish 1.00 If N (Y or N) bast Paris 1__ II_ Design Summary, Page 1 of 2 cFP 0 9 2010 Permit No. o to -7(' (to be provided by DWO) II. DESIGN INFORMATION Surface Areas Area, temporary pool Area REQUIRED, permanent pool SAIDA ratio Area PROVIDED, permanent pool, A,,,, Area, bottom of 1 Oft vegetated shelf, A,a min Area, sediment cleanouL tap elevation (bottom of pond), A., Volumes Volume, temporary pool Volume, permanent pool, V, r..„u Volume, forebay (sum of forebays if more than one forebay) Forebay %of permanent pool volume SAIDA Table Data Design TSS removal Coastal SAIDA Table Used? Mountain/Piedmont SAIDA Table Used? SA/DA ratio Average depth (used in SAIDA table): Calculation option 1 used? (See Figure 10-2b) Volume, permanent pool, Vm- rid Area provided, permanent pool, Ape„ ,,,i Average depth calculated Average depth used in SAIDA, d„, (Round to nearest 0.511) Calculation option 2 used? (See Figure 10.2b) Area provided, permanent pool, A,,,,, ,,,i Area, bottom of Will vegetated shelf, A. 24,867 ft7 16,896 ft' 2.10 (unitless) 18,229 ft` OK 14,605 ft` 4,561 ft` 44.841 ft' OK 89,577 ft' 17,442 Its 19.5% % OK 90 % Y (Y or N) N (Y or N) 2.10 (unitless) N (Y or N) 89,577 ft' 18,229 W ft It Y (Y or N) 18,229 V 14,605 ft' Need 3 it min. Area, sediment cleanouL top elevation (bottom of pond), A,,,. 4,561 ft' 'Depth' (distance blw bottom of 10ff shelf and top of sediment) 8.50 It Average depth calculated 6.03 ft OK Average depth used in SAIDA, d„, (Round to nearest 0.5ft) 6.0 ft OK Drawdown Calculations Drawdown through orifice? Diameter of orifice (if circular) Area of orifice (if -non -circular) Coefficient of discharge (Co) Driving head (H,) Drawdown through weir? Weir type Coefficient of discharge (C,) Length of weir (L) Driving head (H) Pre -development 1-yr, 24-hr peak flow Post -development 1-yr, 24-hr peak flow Storage volume discharge rate (through discharge orifice or weir) Storage volume drawdown time Additional Information Vegetated side slopes Vegetated shelf slope Vegetated shelf width Length of (towpath to width ratio Length to width ratio Trash rack for overflow 8 orifice? Freeboard provided Vegetated filter provided? Recorded drainage easement provided? Capures all mnoff at ultimate build -out? Drain mechanism for maintenance or emergencies is: Form SW401-Wet Detention Basin -Rev, a-911 ➢109 Y (Y or N) 3.00 in in2 0.60 (unitless) 0,67 ft N (Y or N) (unitless) (tailless) It It 7.20 ft'Isec 31.08 ft/sec 0.19 ft'Isec 2.44 days OK, draws down in 2-5 days. 3:1 OK 10 :1 OK 10.0 It OK 3:1 OK 2.3 :1 OK Y (Y or N) OK 3.0 It OK N (Y or N) OK Y (Y or N) OK Y (Y or N) OK Parts I_ _ n_ Design Summary, Page 2 of 2 4EP 0 9 2010 Permit No. `& o 106 -74 (to be provided by DWQ) III. REQUIRED ITEMS CHECKLIST Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a requirement has not been met, attach justification. Pagel Plan Initials Sheet No. of • 13 1. Plans (1" - 50' or larger) of the entire site showing: - Design at ultimate build -out, - OH -site drainage (if applicable), - Delineated drainage basins (include Rational C coefficient per basin), - Basin dimensions, - Pretreatment system, - High flow bypass system, - Maintenance access, - Proposed drainage easement and public right of way (ROW), - Overflow device, and - Boundaries of drainage easement. �L kk OL °613 2. Partial plan (1" = 30' or larger) and details for the wet detention basin showing: Jt� - Outlet structure with trash rack or similar, - Maintenance access, - Permanent pool dimensions, - Forebay and main pond with hardened emergency spillway, - Basin cross-section, - Vegetation specification for planting shelf, and - Filler strip. 3. Section view of the wet detention basin (1" = 20' or larger) showing: - Side slopes, 3:1 or lower, - Pretreatment and treatment areas, and - Inlet and outlet structures. 2t11112 of 13 4, If the basin is used for sediment and erosion control during construction, clean out of the basin is specified on the plans prior to use as a wet detention basin. CLr'w Pa 5. A table of elevations, areas, incremental volumes & accumulated volumes for overall pond and for Forebay, J� to verify volume provided. 2 It 1) e= 13j. A construction sequence that shows how the wet detention basin will be protected from sediment until the entire drainage area is stabilized. CI"1 lojpd Q y tv 7. The supporting calculations. d{Q� 1���1 vtq citiQf� 8. A copy of the signed and notarized operation and maintenance (0&M) agreement. 9. A copy of the deed restrictions (if required). Jqj Q Vu loSury 10. A soils report that is based upon an actual field investigation, soil borings, and infiltration tests. County soil maps are not an acceptable source of soils information. AUG 1 7 2010 Form SW401-Wet Detention Basin-Rev.8-9/17/09 Part III_ Required Items Checklist, Page 1 of 1 Permit No. Seca 1111 (to be provkled by DWO) � O`i WA7f,,O fa g r NCDENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist )Part III) must be printed, filled out and submitted along with all of the required information. I. PROJECT INFORMATION Project name Great Neck, Section II at Carolina Plantations Contact person Anthony Sydes Phone number 910-455 6956 Date 09108/10 Drainage area number Wet Detention Basin p 2 II. DESIGN INFORMATION Site Characteristics Drainage area 1,572,516 ry' Impervious area, post -development 670,170 rye %impervious 42.62 % Design rainfall depth 1.5 in Storage Volume: Non -SA Waters Minimum volume required 85,309 rya OK Volume provided 86,346 ff3 OK, volume provided is equal to or in excess of volume required. Storage Volume: SA Waters 1.5" runoff volume It3 Pre -development 1-yr, 24-hr runoff 1113 Post -development 1-yf, 24-hr runoff rya Minimum volume required rya Volume provided rya Peak Flow Calculations Is the prelpost control of the 1yr 24hr storm peak flow required? Y (Y or N) 1-yr, 24-hr rainfall depth 3.5 in Rational C, pre -development 0.30 (unitless) Rational C, post -development 0.50 (unitless) Rainfall intensity: 1.yr, 24-hr stoml 2.73 Whir OK Pre -development 1-yr, 24-hr peak flow 7.20 rya/sec Post -development 1yr, 24-hr peak flow 64.28 rya/sec Pre/Past 1-yr, 24-hr peak flow control 57,08 It/sec Elevations Temporary pool elevation 46.10 fmsl Permanent pool elevation 44.50 fmsl SHWT elevation (approx. at the perm. pool elevation) 49,00 find Top of tOry vegetated shelf elevation 45.00 fmsl Bottom of 10ry vegetated shelf elevation 44.00 frost Sediment cleanout, top elevation (bottom of pond) 38.25 fmsl Sediment cleanout, bottom elevation 37.25 fmsl Sediment storage provided 1.00 it Is there additional volume stored above the state -required temp. pool? N (Y or N) Elevation of the top of the additional volume fmsl 0 9 2010 SEP I Form SW401-Wet Detention Basin -Rev 8-911 ➢109 Pans I_ _ II_ Design Summary, Pagel ol2 Permit No. SW F/W 7t i (to be provided by DWO) II. DESIGN INFORMATION Surface Areas Area, temporary pool 55,320 t" Area REQUIRED, permanent pool 47,175 fl° SAIDA ratio 3.00 (unitless) Area PROVIDED, permanent pool, Ap,,,," Area, bottom of 1011 vegetated shelf, Aw shMI Area, sediment cleanout, top elevation (bottom of pond), Awl w, Volumes Volume, temporary pool Volume, permanent pool, V,,n raa Volume, forebay (sum of forebays if more than one forebay) Forebay %of permanent pool volume SAIDA Table Data Design TSS removal Coastal SAIDA Table Used? Mountain/Piedmont SAIDA Table Used? SAIDA ratio Average depth (used in SAIDA table): Calculation option 1 used? (See Figure 10-2b) Volume, permanent pool, V.. I>od Area provided, permanent pool, Ar,n,,, vau Average depth calculated Average depth used in SAIDA, d„, (Round to nearest 0.51 Calculation option 2 used? (See Figure 10-2b) Area provided, permanent pool, Ansel " Area, bottom of 10111 vegetated shelf, Aya men 48,000 t` OK 40,810 11` 25.239 fl` 86,346 t' OK 211,989 t' 45,241 t' 21.3% % OK 90 % Y (Y or N) N (Y or N) 3.00 (unitless) � mJ; 211,989 fit' 48,000 fit` it it Y (Y or N) 48,000 fit` 40,810 t` Need 3 it min. Area, sediment cleanout, top elevation (bottom of pond), A,a, on, 25,239 ff' 'Depth' (distance blw bottom of 10ft shelf and top of sediment) 5.75 it Average depth calculated 5.11 it OK Average depth used in SAIDA, dam., (Round to nearest 0.511) 5,0 it OK Drawdown Calculations Drawdown through orifice? Diameter of orifice (it circular) Area of orifice (Ifmomcircular) Coefficient of discharge (Co) Ddving head (Ho) Drawdown through weir? Weir type Coefficient of discharge (C..) Length of weir (L) Driving head (H) Pre -development 1-yr, 24-hr peak flow Post -development 1-yr, 24-hr peak now Storage volume discharge rate (through discharge orifice or weir) Y (Y or N) 4.00 in in 0,60 (unitless) 0.50 it N (Y or N) (unitless) (unitless) it it 7.20 t'Isec 64.28 t'Isec 0.30 t'Isec Storage volume drawdown time 3.35 days OK, draws down in 2-5 days Additional Information Vegetated side slopes 3 :1 OK Vegetated shell slope 10 A OK Vegetated shell width 10.0 it OK Length of towpath to width ratio 8 :1 OK Length to width ratio 5.0 :1 OK _ Trash rack for overflow 8 odfice? Y (Y or N) OK - Freeboard provided 3.0 it OK Vegetated filter provided? N (Y or N) OK O 9 2010 Recorded drainage easement provided? Y (Y or N) OK S E P Capures all runoff at ultimate build -out? Y (Y or N) OK Drain mechanism for maintenance or emergencies is: Pump L Form SW401-Wet Detention Basin -Rev .8.911 7109 Parts I__ II_ Design Summary, Page 2 of 2 Permit No. S(A)O 1U(J / (Y' (to be provided by DWQ) III. REQUIRED ITEMS CHECKLIST Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a requirement has not been met, attach justification. Pagel Plan Initials Sheet No. efr 13 1. Plans (1" - 50' or larger) of the entire site showing: - Design at ultimate build -out, - Off -site drainage (if applicable), - Delineated drainage basins (include Rational C coefficient per basin), - Basin dimensions, - Pretreatment system, - High Flow bypass system, - Maintenance access, - Proposed drainage easement and public right of way (ROW), - Overflow device, and - Boundaries of drainage easement. 2 Partial plan (1" = 30' or larger) and details for the wet detention basin showing: Outlet structure with trash rack or similar, Maintenance access, Permanent pool dimensions, Forebay and main pond with hardened emergency spillway, Basin cross-section, Vegetation specification for planting shelf, and Filler strip. GI�1 ll &Iz oC y3 3. Section view of the wet detention basin (1" = 20' or larger) showing: - Side slopes, 3:1 or lower, - Pretreatment and treatment areas, and - Inlet and outlet structures. 4(A 2t11112 0;-S3 4. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified L/on the plans prior to use as a wet detention basin. 2hGIoSCd 5. A table of elevations, areas, incremental volumes & accumulated volumes for overall pond and for forebay, to verify volume provided. ti :L ate 13 6. A construction sequence that shows how the wet detention basin will be protected from sediment until the Jt 1 entire drainage area is stabilized. p a��/ QnG\olta 7, The supporting calculations. 1�/vl gv1,l SJILA 8. A copy of the signed and notarized operation and maintenance (0&M) agreement. 7� Q f�L1oSq •k 9. A copy of the deed restrictions (if required). vAl Q \OS 10. A soils report that is based upon an actual field investigation, soil borings, and infiltration tests. County soil maps are not an acceptable source of soils information. Aur, 17 2010 Form SW401-Wet Detention Basin-Rev.8-9/17/09 Part III_ Required Items Checklist, Page 1 of 1 Sw3 ioo�ry AVA o�op wnre,9o� o� NCDENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM WETLAND SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part III) must be printed, filled out and submitted along with all the required information. I. PROJECT INFORMATION Project name Great Neck, Section II at Carolina Plantations Contact name Anthony Sydes Phone number 910-455-6956 Date September 8, 2010 Drainage area number 3 II. DESIGN INFORMATION Site Characteristics Drainage area 94,046.00 ftz Impervious area 35,750.00 ftZ Percent impervious 38.0% % Design rainfall depth 1.50 inch Peak Flow Calculations 1-yr, 24-hr rainfall depth 3.50 in 1 -yr, 24-hr intensity 2.73 in/hr Pre -development 1-yr, 24-hr runoff 1.77 ft3/sec Post -development 1-yr, 24-hr runoff 2.95 ft3lsec Pre/Post 1-yr, 24-hr peak control 1.18 ft3/sec Storage Volume: Non -SA Waters Minimum required volume 4,608.00 ft3 Volume provided (temporary pool volume) 4,806.00 ft3 OK Storage Volume: SA Waters Parameters 1.5" runoff volume ft3 Pre -development 1-yr, 24-hr runoff volume ft3 Post -development 1-yr, 24-hr runoff volume ft3 Minimum volume required rya Volume provided rya Outlet Design Depth of temporary poollponding depth (Dp,,,) 11.00 in OK Drawdown time 3.56 days OK Diameter of orifice 1.00 in OK Coefficient of discharge (CD) used in orifice diameter 0.60 (unitless) calculation Driving head (Ho) used in the orifice diameter calculation 0.31 It OK Form SW401-Wetland-Rev.6-11/16/09 SEP 0 9 2010 I I J Parts I and H. Project Design Summary, Page 1 of 3 Z S(N8/0G%(¢ Surface Areas of Wetland Zones Surface Area of Entire Wetland Shallow Land The shallow land percentage is: Shallow Water The shallow water percentage is: Deep Pool Forebay portion of deep pool (pretreatment) The forebay surface area percentage is: Non-forebay portion of deep pool The non-forebay deep pool surface area percentage is: Total of wetland zone areas Add or subtract the following area from the zones Topographic Zone Elevations Temporary Pool Elevation (TPE) Shallow Land (top) Permanent Pool Elevation (PPE) Shallow Water/Deep Pool (top) Shallow Water bottom Most shallow point of deep pool's bottom Deepest point of deep pool's bottom Design must meet one of the following two options: This design meets Option #1, Top of PPE is within 6" of SHWT, If yes: SHWT (Seasonally High Water Table) This design meets Option #2, Wetland has liner with permeability < 0.01 in/hr, If yes: Depth of topsoil above impermeable liner Topographic Zone Depths Temporary Pool Shallow Land Permanent Pool Shallow Water Deep Pool (shallowest) Deep Pool (deepest) Planting Plan Are cattails included in the planting plan? Number of Plants recommended in Shallow Water Area: Herbaceous Wcubic-inch container) Number of Plants recommended in Shallow Land Area: Herbaceous Wcubic-inch container), OR Shrubs (1 gallon or larger), OR Trees (3 gallon or larger) and Herbaceous (4+ cubic -inch) Number of Plants provided in Shallow Water Area: Herbaceous (4' cubic -inch container) Number of Plants provided in Shallow Land Area: Herbaceous (4'cubic-inch container) Shrubs (1 gallon or larger) Trees (3 gallon or larger) and Grass -like Herbaceous (4+ cubic -inch) Form SW401-Wetland-Rev.6-11/16/09 5,806.00 ft' 2,299.00 ft2 40% % 2,361.00 ft2 41% % 654.00 ft2 it%% 492.00 ft2 8% % 5,806.00 ft� 0.00 ft, OK OK OK OK OK OK 44.92 ft amsl 44.00 ft amsl 43.50 ft amsl 42.50 It amsl 42.50 ft amsl Y (Y or N) 44.00 ft amsl OK Y (Y or N) 4.00 in OK 11.04 in OK 6.00 in OK 18.00 in OK 18.00 in OK N (Y or N) OK 600 600 96 12 and 480 600 OK 200 More required if not planting shrubs or trees. 60 More required if not planting herb. and/or trees. 0 More required if not planting herb. and/or shrubs. 0 More recommended if planting trees. SEP 0 9 2010 I >. Pans I and II. Project Design Summary. Page 2 of 3 sw icy 7M4 Additional Information Can the design volume be contained? Y (Y or N) OK Does project drain to SA waters? If yes, N (Y or N) Excess volume must pass through filter. What is the length of the vegetated filter? ft Are calculations for supporting the design volume provided in the Y (Y or N) OK application? Is BMP sized to handle all runoff from ultimate build -out? Y (Y or N) OK Is the BMP located in a recorded drainage easement with a Y (Y or N) OK recorded access easement to a public Right of Way (ROW)? The length to width ratio is: 3.33 :1 OK Approximate wetland length 150.00 ft Approximate wetland width 45.00 ft Approximate surface area using length and width provided 6,750.00 ft' This approx. surface area is within this number of square feet of the entire wetland surface area reported above: Will the wetland be stabilized within 14 days of construction? Y (Y or N) OK AUG 1 S 2010 j Form SW401-Welland-Rev.6-11/16/09 Parts I and H. Project Design Summary, Page 3 of 3 Permit No. _fN O /00'7/ JL (to be provided by DWQ) III. REQUIRED ITEMS CHECKLIST Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a requirement has not been met, attach justification. Initials Page/ Plan Sheet No. 1. Plans (1" - 50' or larger) of the entire site showing: - Design at ultimate build -out, - Off -site drainage (if applicable), - Delineated drainage basins (include Rational C coefficient per basin), - Wetland dimensions (and length to width ratio), - Pretreatment system, - Maintenance access, - Proposed drainage easement and public right of way (ROW), - Overflow device, and - Boundaries of drainage easement. 2. Plan details (1" = 50' or larger) for the wetland showing: - Welland dimensions (and length to width ratio) - Pretreatment system, - Maintenance access, - Proposed drainage easement and public right of way (ROW), - Design at ultimate build -out, - Off -site drainage (if applicable), - Overflow device, and - Boundaries of drainage easement. 3. Section view of the wetland (1" = 20' or larger) showing: J - Side slopes, 3:1 or lower - Wetland layers All wetlands: Shallow land depth, shallow water depth, deep pool depth Option 1, no clay liner: SLWT depth Option 2, clay liner: Depth of topsoil on top of liner, liner specifications (3 ° F 13 4. A detailed planting plan (V = 20' or larger) prepared by a qualified individual showing: - A variety of several suitable species (not including cattails), - Sizes, spacing and locations of plantings, - Total quantity of each type of plant specified, p I t f, ) 7 2010 - A planting detail, - The source nursery for the plants, and _ - Fertilizer and watering requirements to establish vegetation. V_q 5. A construction sequence that shows how the wetland will be protected from sediment until the entire drainage area is stabilized. JLY__ertclofea 6. The supporting calculations (including drawdown calculations). IVY✓ ertcloSCA 7. A copy of the signed and notarized operation and maintenance (0&M) agreement. encl°sa 8. A copy of the deed restrictions (if required). �6M I ��I enc OSCA 9. A soils report that is based upon an actual field investigation and soil borings. County soil maps are not f an acceptable source of soils information. SW401-Wetland-Rev.6-11/16/09 Part III, page 1 of 1 State Stor'nwater Management Systems Permit No. SW8 100714 Great Neck Section Il, Regal Hill, and a Future Multi -Family Section at Carolina Plantations / Page 1 of 2 Stormwater Permit No. SW8 100714 Onslow Countv M Designer's Certification I, JONA-THAN L. MoDANIEL , as a duly registered PROFESSIONAL EnIGIAIEEIZ in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, GREAT NECK SECTION 1 � REGAL HI>_Laa%J A FUTURE MULTI FAMILY SECTWJ (Project) PT CAROLINA pLANTA-rtONS for Carol;na NKa ai ion DQWJOCA't4 Corp. (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is a part of this Certification. Noted deviations from approved plans and specifications: 'kPnc4�a� Cer4�� cAE on Tor 4wOL10 wek baS%rS 01 E s 6y 2QQOF 017�.9 SEAL SEAL = Signature 379pg = Registration Number PE No. 3"79'),' �y;k .......... Date 9ZI?��� SEP 19 Z014 5r.� W'ts 3�a11 Enw,l S�,�tny yhc,t �^ �s was "5k,�}�at w-e�\cuv\d WaS nok �t C�eca,��ed• e"QUV_ Page 9 of 10 , State Stormwater Management Systems Per No. SW8 100714 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. �3. All the built -upon area associated with the project is graded such that the runoff drains to the system. �4. All roof drains are located such that the runoff is directed into the system. Y�1_5. The outlet/bypass structure elevations are per the approved plan. %% 6. The outlet structure is located per the approved plans. 4#J'� 7. Trash rack. is provided on the outlet/bypass structure. ,*?!�_8. All slopes are grassed with permanent vegetation. r9. Vegetated slopes are no steeper than 3:1. .i 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. I'1 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. ff-15. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DWQ Regional Office Onslow County Building Inspections Dn,e 4n ni 4n State Stormwater Management Systems Permit No. SW8 100714 Great Neck Section II, Regal Hill, and a Future Multi -Family Section at Carolina Plantations / Page 1 of 2 Stormwater Permit No. SW8 100714 J Onslow County �n �Designer's Certification 1 _S"AThAW L. MC.DANIfL , as a duly registered PROFESSIONAL ENGINEER in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, GREAT NECK, SECTION — S�orMW4>Q_r Wf,+44v\4 (Project) for Carolina Plcv44tio.A Deve;lopmevi� Corp. (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is a part of this Certification. Noted deviations from approved plans and specifications: Signature�� Registration Number PE # MIS Date " /I y/' y SEAL an�u�p� rt CARp''%, SEAL 37928 rW rQINE�P,.•��s�; Most" OIEC EUVF fl NOV 17 2014 BY: Page 9 of 10 ;:;•St-; :'n>M1 SYc State Stormwate• `lanagement Systems _.mit No. SW8 100714 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. "2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. V_q10. The inlets are located per the approved plans and do not cause short- circuiting of the system. _11. The permitted amounts of surface area and/or volume have been provided. i 12. Required drawdown devices are correctly sized per the approved plans. 013. All required design depths are provided. JF�_14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DWQ Regional Office Onslow County Building Inspections Page 10 of 10 `•1 r )pe: CONSOLIDATED REAL PROPERTY necorded: 12/30/2015 12:23:50 PM Fee Amt $26.00 Page 1 of 5 Revenue Tax: $0.00 Onslow County, NC Rebecca L. Pollard Reg. of Deeds BK 4397 PG 895 - 899 Common Elements Deed Description for Index: Common Areas in Carolina Plantations Parcel lDs.:151744,151743,151741,151742,152527,152477,152965,152498,153298,156593,159174,159176, 159956, 160028, 160029, and 160331 v Revenue Stamps.$0.00 o NORTH CAROLINA w ONSLOW COUNTY 0 N dN THIS DEED is made on Decemberr-)9, 2015, by and between Carolina Plantation m .Development Corporation, a North Carolina corporation ("Grantor"), and Carolina Plantation ow Owners Association, a North Carolina nonprofit corporation with an address of Post Office Box d 12051, Wilmington, North Carolina 28405 ("Grantee"). ac N0 o� WITNESSETH: ua ao a� That Grantor, for a valuable consideration, the receipt of which is hereby acknowlcdged, co has and by these presents does grant, bargain, sell and convey unto Grantee in fee simple, those aa� certain tracts or parcels of land situated in Jacksonville Township, Onslow County, North Carolina, and more particularly described as follows: t •� H N 3 a euu The parcels depicted as HOA Open Space 1.62 ac, HOA Sewage Pumping / M o t Station Open Space 0.33 ac, RBO Open Space 0.49 Ac, and IIOA Open Space a ; 2.07 ac, on that plat of Great Neck, Section I at Carolina Plantations recorded in \\\ Map Cabinet 60, Page 204, Onslow County Registry. ow �w TNN " 6 The parcel depicted as RBO Open Space 0.39 ac, on that plat of Regal Hill at �✓o �N Carolina Plantations recorded in Map Cabinet 61, Page 91, Onslow County 6t/)$-�60%(ir> U z W Registry. C=W oN uTo u , v ro a Prepared by Ward and Smith, P.A., 127 Racine Drive, University Corporate Center (28403), Post Office Box 7068, Wilmington, NC 28406-7068 o N Please return to Ward and Smith, P.A., 127 Racine Drive, University Corporate Center (28403), NYPost Office Box 7068, Wilmington, NC 28406-7068 Attention: Samuel B. Franck�� Fs d DEC 2 12021 �4 BY: 3ook: 4397 Page: 895 Page 1 of 5 The parcel depicted as HOA Open Space 2.41 ae, on that plat of Great Neck, /��I�l Section 11-A at Carolina Plantations recorded in Map Cabinet 01, Page 92, Cs� J 1 Onslow County Registry. The parcel depicted as HOA Open Space 2.91 ac, on that plat of•,Monarch- Meadow Section 1-A at Carolina Plantations recorded in Map Cabinet 62, Page 5Lnlol pl 1 9, Onslow County Registry (which plat is a revision of the map recorded in Map ` Book 61, at Page 219 in the Onlsow County Registry). The parcels depicted as HOA Open Space 3.43 ac, and IIOA Open Space 0.37 Ac, on that plat of Great Neck, Section II-B at Carolina Plantations recorded in (5U?g_(VQ7)kl Map Cabinet 62, Page 46, Onslow County Registry. The parcel depicted as Maintained by HOA Open Space 3.54 ac, on that plat of/ 1 r7 'Bristol Heights, Section I-B at Carolina Plantations recorded in Map Cabinet 64, I Su7g ')(�� Page 200, Onslow County Registry. The parcels depicted as Lot 2, 0.62 Ac., Ex. Pond (Open Space) to be conveyed to & maintained by HOA and Lot 4, 1.12 Ac., Ex. Stormwater Pond (Open I� Space) to be conveyed to & maintained by IiOA on that plat of Minor 5 too S Subdivision & Line Agreement Map Carolina Plantations Commercial Tract recorded in Map Cabinet 68, Page 102, Onslow County Registry. The parcel depicted as Maintained by IIOA to be conveyed to Master Association 1.78 Ac, Open Space on that plat of Ryker Trace, Section II'at (S,,u$-y-7..oIto � Carolina Plantations recorded in Map Cabinet 69, Page 144, Onslow County Registry. The parcels depicted as Open Space #1 0.06 AC, and Open Space #2 0.14 AC, on that plat of�`Tinley-Estates at Carolina Plantations recorded in Map Cabinet 69, Page 183, Onslow County Registry. The parcel or parcels depicted as Common Area 2.59 Ac, after recombination on that plat of The Burroughs, Section II -A, at Carolina Plantations recorded in Map Cabinet 70, Page 175, Onslow County Registry (which map revises the �� 1,p \ (WD boundaries of said parcels originally depicted on (lie map recorded in Map Book 70, Page 43 in the Onslow County Registry). TO HAVE AND TO HOLD the aforesaid tracts or parcels of land and all privileges and appurtenances thereto belonging to Grantee in fee simple. THIS CONVEYANCE IS MADE SUB.IECT TO THE FOLLOWING RESTRICTIONS, RESERVATIONS AND EXCEPTIONS: 3ook: 4397 Page: 895 Page 2 of 5 The above described property is and shall be held as Common Elements, as defined in that Master Declaration of Covenants, Conditions and Restrictions for Carolina Plantations recorded in Book 3435 at Page 457, Onslow County Registry, as amended, for the uses and purposes set forth therein. 2. Easements of record or on the ground, restrictive covenants of record, matters set forth on the maps referenced herein and ad valorem taxes for the current year, which taxes the party of the second part, by accepting this deed, agrees to pay. 3. The terms and provisions of the Declaration of Carolina Plantations ("Master") recorded in Book 3435, Page 457 in the office of the Register of Deeds of Onslow County as amended and supplemented, (hereinafter collectively called the "Declaration") and all easements, restrictions, covenants, conditions and benefits described therein, including without limitation: (i) all of the easements described in Article 13 of the Declaration, including without limitation, easements for utilities, access and drainage described in Section 13.1 of the Declaration, and an easement for over spray and irrigation as described in Section 13.6 of the Declaration; and (if) all of the Declarant's reserved rights as described in the Declaration. The designation Grantor and Grantee, as used herein, shall include said parties and their respective successors and assigns. look: 4397 Page: 895 Page 3 of 5 f nn IN WITNESS WHEREOF, Grantor has caused this instrument to be duly executed as of the day and year first above written. Carolina Plantation Development Corporation, a North Carolina Corporation By: 6-a4- /'J' �!� Antbony W. S des, Pr sident NORTH CAROLINA ONSLOW COUNTY I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoin document: Anthony W. Sydes. Dute: D.Qeember o!1 .2015 pUT O a Signature ofNot (O�c(gl�6tkkt'�ir7�7j oo MM 080621-00003 ND: 4853-1473-0539, v. I �ah P, Dui nP, Dui n) Notary Public Printed or type name !� My commission expires: look: 4397 Page: 895 Page 4 of 5 High Density Residential Subdivisions Deed Restrictions & Protective Covenances In accordance with Title 15 NCAC 21-1.1000 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, Anthony V Sydes , 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: The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number 'SW8 100714 , 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 aft 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 built -upon area per lot, in square feet, is as listed below: 4 JULSubdivision Name # of Lots RUA Per lot fsa.ft.) G IL. Great Neck Section 11 90 4,500 @y ? ?�21 l Regal Hill 28 3,500 \ Tinley Estates 23 4,500 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. Each lot will maintain a 50** foot wide vegetated buffer between all impervious areas and surface waters. 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 swales 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. ECERVE Form DRPC-3 Rev.2 05Nov2009 Pagel of 2 SEP2 4 2014 av High Denser Residential Subdivisions Deed Restrictions & Protective Covenances I,eniflu ' State of Pj c' do hereby certify that before me this the day of cution of the vp� Commission expires 1 , a Notafy Public in the County of [ //n-410w _personally appeared 20 jl, and acknowledge ig instrument. Witness my hand and officipUs! G�fl l!'J`j SE!JllAgy� DIg UBLt® �•. r ;°wcou NX 111111110, Form DRPC-3 Rev.2 05Nov2009 Page 2 of 2 CEIVE SEP 24 2014 BY: 06 Page 1 of 7 Type: CONSOLIDATED REAL PROPERT Recorded: 3/5/2015 11:29:48 AM Fee Anil: $26.00 Page 1 of 7 Onslow County, NC Rebecca L. Pollard Reg. of Deeds a 0 v- 0 Y L c v Gl Y E n um ow �o z N T � Y a c m 0 9 O LV 03 ao L r• CO �•�c u Q LL > Y a> or - OIY t Yn3 EYV Y 41 a i0E C Y w mnci L crow Lam N � w o S LW >. Y U a •- E >.L a M L V mo uza, � L CGY o�w w3o van W V E NCL Ma v ��Y v Yaw YEt U E, a v occ BK 4269 PG 650 - 656 EL-9 E57TgtN-0 -7 le�w8-- /OD 7(¢ SUPPLEMENTAL DECLARATION OF CAROLINA PLANTATIONS AND AMENDMENT TO DECLARATION OF CAROLINA PLANTATIONS (Tinley Estates) This SUPPLEMENTAL DECLARATION OF CAROLINA PLANTATIONS AND AMENDMENT TO DECLARATION OF CAROLINA PLANTATIONS (the "Supplemental Declaration") made and entered into the 4 day of rebNLLuiJ 2015, by CAROLINA PLANTATION DEVELOPMENT CORPORATION, a North Carolina corporation (hereinafter "Declarant"). WITNESSETH: WHEREAS, Declarant caused to be recorded that certain Declaration of Carolina Plantations, a Planned Development, in Book 3435, at Page 457, in the office of the Register of Deeds of Onslow County (as amended and supplemented, the "Declaration"). The capitalized terms set forth in this Supplemental Declaration shall have the same meanings as set forth in the Declaration unless otherwise defined herein or the context shall otherwise prohibit; and WHEREAS, pursuant to Section 9.1 of the Declaration, during the Development Period, Declarant may unilaterally subject additional real property to the Declaration by filing a Supplemental Declaration in the office of the Register of Deeds; and WI IEREAS, Declarant is the owner in fee simple of the real property described in Exhibit A, which is attached hereto and incorporated herein by reference ("Tinley Estates"); and Prepared by WARD AND Smn,D, P.A., 1001 College Court (28562), Post Office Box 867, New Bem,NC29563-0867 E( vEUVE Please return to WARD AND SMITH, P.A., 1001 College Court (28562), Post Office Box 7, N_ew Bem, NC 28563-0867 GcL 2 9 2Uc i Attention: C. H. Pope, Jr. BY: Book: 4269 Page, 1977-Current: 650 Seq: 1 Page 2 of 7 WHEREAS, pursuant to Section 9.1 of the Declaration, Declarant desires to annex Tinley Estates into the Carolina Plantations Development and subject it to the provisions of the Declaration'andithe jurisdiction of the Master Association; and, WHEREAS, pursuant to Article 16.2(a) of the Declaration, Declarant reserved the right to unilaterally amend the Declaration during the Development Period; and, WHEREAS, Declarant desires to amend the Declaration to correct the reference therein to the applicable Stormwater Permit and to impose certain restrictions required by the applicable Stomiwater Permit upon Tinley Estates. NOW, THEREFORE, Declarant, exercising its right to annex additional real property pursuant to the provisions of Section 9.1 of the Declaration, and to amend the Declaration pursuant to the provisions of Section 16.2(a) of the Declaration, and in accordance with the provisions of Chapter 47F of the General Statutes of North Carolina, does hereby declare that: All of Tinley Estates, including without limitation Hemming Way and Grand Avenue, shall be held, sold, used and conveyed subject to the Declaration and all easements, restrictions, covenants, conditions and benefits described therein, including without limitation all of the easements described in Article 13 of the Declaration and all of the Declarant's Rights described in Article 14 of the Declaration; and further, that Tinley Estates is hereby subjected to the jurisdiction of the Master Association and all of the other Association Documents. 2. All of Tinley Estates shall be held, sold, used and conveyed subject to the easements and other matters depicted on the Recorded Plat, including without limitation, the plat referenced on Exhibit A to this Supplemental Declaration. 3. Consistent with Section 1.28 of the Declaration, Stormwater Management Permit No. SW8 100714 is expressly included in the defined term "Permit" in the Declaration. 4. Consistent with Section 8.6(e) of the Declaration, the maximum allowable � ""' built -upon area for each Lot in Tinley Estates is described on Exhibit B �b attached hereto and incorporated herein by reference. Book: 4269 Page, 1977-Current: 650 Seq: 2 Page 3 of 7 5. Section 8.6 of the Declaration hereby is amended as to Tinley Estates and as to any additional property in Tinley Estates hereinafter annexed into the Carolina Plantations Development. This Supplemental Declaration does not affect any property other than Tinley Estates and any other property in Tinley Estates hereinafter annexed into the Carolina Plantations Development. a. Section 8.6(e) of the Declaration is hereby deleted in its entirety and replaced with the following: "The maximum built upon area per lot for Lots 1-23 is 4,500 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, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools." b. Section 8.6(o of the Declaration is hereby deleted in its entirety. c. Section 8.6(i) of the Declaration is hereby deleted in its entirety and replaced with the following: "If permeable pavement credit is requested, the property Owner must submit a request, with supporting documentation, to the permittee/Declarant and receive approval prior to construction of BUA." d. Section 8.60) of the Declaration is hereby deleted in its entirety. 6. Except as is expressly provided above, the terms and provisions of the aforesaid Declaration shall continue in full force and effect according to the terms of the same as modified hereby. Book: 4269 Page, 1977-Current: 650 Seq: 3 Page 4 of 7 IN TESTIMONY WHEREOF, Declarant has caused this Supplemental Declaration to be executed in such form as to be binding, all by authority duly given, this the day and year first above written. CAROLINA PLANTATION DEVELOPMENT CORPO?M— North Carolina corporation By: kl� Anthony W. S des, Pre ident Book: 4269 Page, 1977-Current: 650 Seq: 4 Page 6 of 7 STATE OF NOR�T ^CAROL A COUNTY OF Qh4 I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document for the purpose(s) stated therein, in the capacity indicated therein: Anthony W. Sydes. Date: 02 V Sig atreofNotaryPljblic Notary's printed or My commission expires: Notary seal or stamp must appear within this box. ND: 4836-4929-2577, v vn� name / Glg Book: 4269 Page, 1977-Current: 650 Seq: 5 Page 6 of 7 EXHIBIT A All those certain tracts or parcels of land lying and being situate in Onslow County, North Carolina, and being all of the property described on the map entitled "TINLEY ESTATES AT CAROLINA PLANTATIONS," said map being recorded in Map Book to 9 at Page / g, j_, in the office of the Register of Deeds of Onslow County, North Carolina. Book: 4269 Page, 1977-Current: 650 Seq: 6 page'7 of 7 EXHIBIT B Maximum Allowable Built -Upon Areas Tinley Estates Community Lot 9 Built- U on Area ft Tinley Estates 1 _Maximum 4,500 Tinley Estates 2 4,500 Tinley Estates 3 4,500 Tinley Estates 4 4,500 Tinley Estates 5 4,500 Tinley Estates 6 4,500 Tinley Estates 7 4,500 Tinley Estates 8 4,500 Tinley Estates 9 4,500 Tinley Estates 10 4,500 Tinley Estates 11 4,500 Tinley Estates 12 4,500 Tinley Estates 13 4,500 Tinley Estates 14 4,500 Tinley Estates 15 4,500 Tinley Estates 16 4,500 Tinley Estates 17 4,500 Tinley Estates 18 4,500 Tinley Estates 19 4,500 Tinley Estates 20 4,500 Tinley Estates 21 4,500 Tinley Estates 22 4,500 Tinley Estates 23 4,500 Book: 4269 Page, 1977-Current: 660 Seq: 7 -page 10l s Doc 10: �00N670200008 TVP*: CRP goo rdt OOaerOp00003 .02:2 CRP Recorded: 01/23/20g et 02:29;19 PM Fee Amt: C$20ounty Pepe 1 or a Onelowebecc OL. Po NC Rebecca L. Po' Req. or Deeds SK3542 Pa519-523 SUPPLEMENTAL. DECLARATION OF CAROLINA PLANTATIONS (Regal Hill) This SUPPLEMENTAL DECLARATION OF CAROLINA PLANTATIONS (the "Supplemental Declaration") made and entered into the _a day of Jam, 2011, by CAROLINA PLANTATION DEVELOPMENT CORPORATION, a North Carolina corporation (hereinafter "Declarant'). WITNESSETH: WHEREAS, Declarant caused to be recorded that certain Declaration of Carolina Plantations, a Planned Development, in Book 3435, at Page 457, in the office of the Register of Deeds of Onslow County (as amended and supplemented, the "Declaration"). The capitalized terms set forth in this Supplemental Declaration shall have the same meanings as set forth in the Declaration unless otherwise defined herein or the context shall otherwise prohibit; and WHEREAS, pursuant to Section 9.1 of the Declaration, during the Development Period, Declarant may unilaterally subject additional real property to the Declaration by filing a Supplemental Declaration in the office of the Register of Deeds; and WHEREAS, Declarant is the owner in fee simple of the real property described in Exhibit A which is attached hereto and incorporated herein by reference ('Regal Hill"); and WHEREAS, pursuant to Section 9.1 of the Declaration, Declarant desires to annex Regal Hill into the Carolina Plantations Development and subject it to the provisions of the Declaration and thejurisdiction of the Master Association. Prepared by WARD AmSxmst, P.A., 1001 College Court (28562), Post Office Box 867, New Bern, NC 28563-0867 Please return to WARD Am SmffK P.A., 1001 College Court (28562), Post Office Box 867, New Bem, NC 28563-0867 Attention: C. H. Pope, Jr. ECEIVE BY:_� Book: 3542 Page, 1977-Current: 619 Seq: 1 Page 2 of 5 NOW, THEREFORE, Declarant, exercising its right to annex additional real property pursuant to the provisions of Section 9.1 of the Declaration and in accordance with the provisions of Chapter 47F of the General Statutes of North Carolina, does hereby declare that: All of Regal Hill shall be held, sold, used and conveyed subject to the Declaration and all easements, restrictions, covenants, conditions and benefits described therein, including without limitation all of the easements described:in Article 13 of the Declaration and all of the Declarant's Rights described in Article 14 of the Declaration; and further, that Regal Hill is hereby subjected to the jurisdiction of the Master Association and all of the other Association Documents; and 2. Consistent with Section 8.6(e) of the Declaration, the maximum allowable built -upon area for each Lot in Regal Hill is described on Exhibit B attached hereto and incorporated herein by reference. IN TESTIMONY WHEREOF, Declarant has caused this Supplemental Declaration to be executed in such form as to be binding, all by authority duly given, this the day and year first above written. ' CAROLINA PLANTATION DEVELOPMENT CORPORATIO , a North Carolina corporation By: Anthony W. Sy , President 91 Book: 3542 Page, 1977-Current: 519 Seq: 2 i I Page3 of 5 STATE Of NORTH CAROLINA COUNTY OF OnISIDW certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document for the purpose(s) stated therein, in the capacity indicated therein: Anthony W. Sydes. Date: 'OUBLIr, - v: 080621.00003 ND: 4830.4727.3224, v. I l fP1 P. L r�l /y7 r ) Notary's printed or typ name My commission expires: ( 14 t-✓' ear within this box. 3 Book: 3542 Page, 1977-Current: 619 Seq: 3 Foge3 of 5 EXHIBIT A That tract or parcel of land lying and being situate in Onslow County, North Carolina, and being more particularly shown and described on the map entitled "REGAL HILL AT CAROLINA PLANTATIONS A PLANNED RESIDENTIAL DEVELOPMENT," said map being recorded in Map Book 61, Page 91, in the office of the Register of Deeds of Onslow County, North Carolina. Book: 3542 Page, 1977-Current: 519 Seq: 4 Pope 5 0/ 5 EXHIBIT B Maximum Allowable Built-Uoon Areas Communitv Lot # MaXiMUM Built-U on Are ft Regal Hill 247 3,500 Regal Hill 248 3,500 Regal Hill 249 3,500 Regal Hill 250 3,500 Regal Hill 251 3,500 Regal Hill 252 3,500 Regal Hill 253 3,500 Regal Hill 254 3,500 Regal Hill 255 3,500 Regal Hill 256 3,500 Regal Hill 257 3,500 Regal Hill 258 3,500 Regal Hill 259 3,500 Regal Hill 260 3,500 Regal Hill 261 3,500 Regal Hill 262 3,500 Regal Hill 263 3,500 Regal Hill 264 3,500 Regal Hill 265 3,500 Regal Hill 266 3,500 Regal Hill 267 3,500 Regal Hill 268 3,500 Regal Hill 269 3,500 Regal Hill 270 3,500 Regal Hill 271 3,500 Regal Hill 272 3,500 Regal Hill 273 3,500 Regal Hill 274 3,500 Book: 3542 Page, 1977-Current: 519 Seq: 5 Page t of a 10111lWNINEOUNWIWVIN11 R-corded: o60,80 0t�r aetTii�ia�0, a Fee ant: $29,00 Pago t or a nobqoeC eL nPul.lVd nog, at 0 da SK3605 Pa752-757 5iv,)9- lcn74 SUPPLEMENTAL DECLARATION OF CAROLINA PLANTATIONS (Great Neck, Section II-B) This SUPPLEMENTAL DECLARATION OF CAROLINA PLANTATIONS (the "Supplemental Declaration") made and entered into the�6-day of_ft V 2011, by CAROLINA PLANTATION DEVELOPMENT CORPORATION, a North Carolina corporation (hereinafter "Declarant"). WITNESSETH: WHEREAS, Declarant caused to be recorded that certain Declaration of Carolina Plantations, a Planned Development, in Book 3435, at Page 457, in the office of the Register of Deeds of Onslow County, as amended and supplemented, (llte "Declaration"). The capitalized terms set forth in this Supplemental Declaration shall have the same meanings as set forth in the Declaration unless otherwise defined herein or the context shall otherwise prohibit; and WHEREAS, pursuant to Section 9.1 of the Declaration, during the Development Period, Declarant may unilaterally subject additional real property to the Declaration by filing a Supplemental Declaration in the office of the Register of Deeds; and WHEREAS, Declarant is the owner in fee simple of the real property described in Exhibit A• which is attached hereto and incorporated herein by reference ("Great Neck, Section I I-B"); and Prepared by WARDAm Smrrm, P.A., 1001 College Court (28562), Post Office Box 867, New Bern, NC 28563-0867 Please return to WAtmAND Smmi,P.A., 1001 College Court (28562), Post Office Box 867, New Bern, NC 28563.0867 Attention: C. H. Pope, Jr. Book: 3605 Page, 1977-Current: 762 Seq: 1 j Page 2 of 6 WHEREAS, pursuant to Section 9.1 of the Declaration, Declarant desires to annex Great Neck, Section 11-B into the Carolina Plantations Development and subject it to the provisions of the Declaration and the jurisdiction of the Master Association. NOW, THEREFORE, Declarant, exercising its right to annex additional real property pursuant to the provisions of Section 9.1 of the Declaration and in accordance with the provisions of Chapter 47F of the General Statutes of North Carolina, does hereby declare that: I. All of Great Neck, Section 11-B shall.be held, sold, used and conveyed subject to the Declaration and all easements, restrictions, covenants, conditions and benefits described therein, including without limitation all of easements described in Article 13 of the Declaration and all of the Declarant's Rights described in Article 14 of the Declaration; and further, that Great Neck, Section 11-B is hereby subjected to the jurisdiction of the Master Association and all of the other Association Documents; and Consistent with Section 8.6(e) of the Declaration and North Carolina Stormwater Management Permit No. SW8 100714, which is hereby expressly included in the defined term "Permit" in the Declaration, the maximum allowable built -upon area for each Lot in Great Neck, Section 11-B is described on Exhibit B attached hereto and incorporated herein by reference. IN TESTIMONY WHEREOF, Declarant has caused this Supplemental Declaration to be executed in such form as to be binding, all by authority duly given, this the day and year first above written. CAROLINA PLANTATION DEVELOPMENT CORPO , a North Carolina corporation By: 44. Anthony W. Sydes, P sident Book: 3605 Page, 1977-Current: 752 Seq: 2 Page 3 of 6 i STATE OF NORTH CAROLINA COUNTY OF 0;11110W I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document for the purpose(s) staled therein, in the capacity indicated therein: Anthony W. Sydes. --, _ (Official Seal) ,.aruu'unu nTAgk'• , Notary seal or stamn must an 080621 A0003 ND: 4846.1157.5817, v. I My commission expires: O'� I -•� near within this box. 3 Book: 3605 Page, 1977-Current: 752 Seq: 3 Page d of 6 EXHIBIT A That tract or parcel of land lying and being situate in Onslow County, North Carolina, and being more particularly shown and described on the map entitled "GREAT NECK, SECTION 11-B AT CAROLINA PLANTATIONS A PLANNED RESIDENTIAL DEVELOPMENT," said map being recorded in Map Book 62, Pages 46-46A, in the office of the Register of Deeds of Onslow County, North Carolina. Book: 3605 Page, 1977-Current: 752 Seq: 4 Page 5 of 6 EXHIBIT B Maximum Allowable Built -Upon Areas Communitv Maximum Built -Upon Area t Great Neck, Section II-B 142 4,500 Great Neck, Section II-B 143 4,500 Great Neck, Section 11-B 144 4,500 Great Neck, Section II-B 145 4,500 Great Neck, Section 11-B 146 4,500 Great Neck, Section II-B 147 4,500 Great Neck, Section II-B 148 4,500 Great Neck, Section 11-B 149 4,500 Great Neck, Section II-B 150 4,500 Great Neck, Section 11-B 151 4,500 Great Neck, Section II-B 152 4,500 Great Neck, Section II-B 153 4,500 Great Neck, Section II-B 154 4,500 Great Neck, Section 11-B 155 4,500 Great Neck, Section 11-B 156 4,500 Great Neck, Section II-B 157 4,500 Great Neck, Section II-B 158 4,500 Great Neck, Section 11-B 159 4,500 Great Neck, Section 11-B 160 4,500 Great Neck, Section II-B 161 4,500 Great Neck, Section 11-B 162 4,500 Great Neck, Section 11-B 163 4,500 Great Neck, Section 11-B 164 4,500 Great Neck, Section 11-B 165 4,500 Great Neck, Section 11-B 200 4,500 Great Neck, Section II-B 201 4,500 Great Neck, Section II-B 202 4,500 Great Neck, Section 11-B 203 4,500 Great Neck, Section 11-B 204 4,500 Great Neck, Section 11-B 205 4,500 Great Neck, Section 11-B 206 4,500 Great Neck, Section 11-B 207 4,500 Great Neck, Section II-B 208 4,500 Great Neck, Section 11-B 209 4,500 Great Neck, Section II-B 210 4,500 Great Neck, Section 11-B 211 4,500 Great Neck, Section II-B 212 4,500 Great Neck, Section II-B 213 4,500 Great Neck, Section II-B 214 4,500 Book: 3605 Page, 1977-Current: 752 Seq: 5 Page 6 of 6 Communitv Lot # Maximum Built -Upon Area ft Great Neck, Section 11-B 215 4,500 Great Neck, Section 11-B 216 4,500 Great Neck, Section 11-B 217 4,500 Great Neck, Section 11-B 218 4,500 Great Neck, Section 11-B 219 4,500 ' Great Neck, Section 11-B 220 4,500 Great Neck, Section II-B 221 4,500 Great Neck, Section 11-B 222 4,500 Great Neck, Section 11-B 223 4,500 Great Neck, Section 11-B 224 4,500 Great Neck, Section 1I-B 225 4,500 Great Neck, Sectiori 11-B 226 4,500 Great Neck, Section 11-B 227 4,500 Great Neck, Section 11-B 228 4,500 Great Neck, Section 11-B 229 4,500 Great Neck, Section II-B 230 4,500 Great Neck, Section II-B 231 4,500 Book: 3605 Page, 1977-Current: 752 Seq: 6 Page 1 of 5 Doc ID: 008870870008 Type: CRP Recorded: 02/28/2011 at 02:21:4a PM Foe Ant: $20.00 Page 1 of 8 0nslow County NO Rebecca L. Pollard Reg. of Deeds eK3542 pa510-514 SUPPLEMENTAL DECLARATION OF CAROLINA PLANTATIONS (Great Neck, Section 11-A) This SUPPLEMENTAL DECLARATION OF CAROLINA PLANTATIONS (the "Supplemental Declaration") made and entered into the 1A* day of:,b jlW, 2011, by CAROLINA PLANTATION DEVELOPMENT CORPORATION, a North Carolina corporation (hereinafter "Declarant"). WITNESSETH: WHEREAS, Declarant caused to be recorded that certain Declaration of Carolina Plantations, a Planned Development, in Book 3435, at Page 457, in the office of the Register of Deeds of Onslow County, as amended and supplemented, (the "Declaration"). The capitalized terms set forth in this Supplemental Declaration shall have the same meanings as set forth in the Declaration unless otherwise defined herein or the context shall otherwise prohibit; and WHEREAS, pursuant to Section 9.1 of the Declaration, during the Development Period, Declarant may unilaterally subject additional real property to the Declaration by filing a Supplemental Declaration in the office of the Register of Deals; and WHEREAS, Declarant is the owner in fee simple of the real property described in Exhibit A, which is attached hereto and incorporated herein by reference ("Great Neck, Section II -A"); and Prepared by WARD AND SMITH, P.A., 1001 College Court (28562), Post Office Box 867, New Bean, NC 28563-0867 Please return to WARD AND SMITH, P.A., 1001 College Court (28562), Post Office Box 867, New Bean, NC 28563-0867 Attention: C. H. Pope, Jr. 1JEC 2 12621 8V.- Book: 3542 Page, 1977-Current: 510 Seq: 1 Page 2 or 5 WHEREAS, pursuant to Section 9.1 of the Declaration, Declarant desires to annex Great Neck, Section II -A into the Carolina Plantations Development and subject it to the provisions of the Declaration and the jurisdiction of the Master Association. NOW, THEREFORE, Declarant, exercising its right to annex additional real property pursuant to the provisions of Section 9.1 of the Declaration and in accordance with the provisions of Chapter 47F of the General Statutes of North Carolina, does hereby declare that: All of Great Neck, Section II -A shall be held, sold, used and conveyed subject to the Declaration and all easements, restrictions, covenants, conditions and benefits described therein, including without limitation all of the easements described in Article 13 of the Declaration and all of the Declarant's Rights described in Article 14 of the Declaration; and further, that Great Neck, Section II -A is hereby subjected to the jurisdiction of the Master Association and all of the other Association Documents; and 2. Consistent with Section 8.6(e) of the Declaration, the maximum allowable built -upon area for each Lot in Great Neck, Section 11-A is described on Exhibit B attached hereto and incorporated herein by reference. IN TESTIMONY WHEREOF, Declarant has caused this Supplemental Declaration to be executed in such form as to be binding, all by authority duly given, this the day and year first above written. CAROLINA PLANTATION DEVELOPMENT CORPORAT"]!I.QNtea North Carolina corporati / By: `tdthony . yde— s, Prudent . 2 Book: 3542 Page, 1977-Current: 510 Seq: 2 Page 3 of 5 STATE OF NORTH CAROLINA COUNTY OF 00610VV I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document for the purpose(s) stated therein, in the capacity indicated therein: Anthony W. Sydes. T\ _ 11=11H ME ,.,pTAgY J'U-Wc- My commission expires: 1 c��o Notary seal or stamp must appear within this box. 080621-00003 ND:4847-2387.6872,v. 1 Book: 3542 Page, 1977-Current: 510 Seq: 3 Page 4 of 5 EXHIBIT A That tract or parcel of land lying and being situate in Onslow County, North Carolina, and being more particularly shown and described on the map entitled "GREAT NECK, SECTION 11-A AT CAROLINA PLANTATIONS A PLANNED RESIDENTIAL DEVELOPMENT," said map being recorded in Map Book 61, Pages 92-92A, in the office of the Register of Deeds of Onslow County, North Carolina. Book: 3542 Page, 1977-Current: 610 Seq: 4 Page 5 of 5 EXHIBIT B Maximum Allowable Built -Upon Areas E2MMunijj Lot # Maximu Bullt-U on Area f Great Neck, Section II -A 166 4,500 Great Neck, Section II -A 167 4,500 Great Neck, Section II -A 168 4,500 Great Neck, Section II -A 169 4,500 Great Neck, Section II -A 170 4,500 Great Neck, Section II -A 171 4,500 Great Neck, Section II -A 172 4,500 Great Neck, Section 1[-A 173 4,500 Great Neck, Section II -A 174 4,500 Great Neck, Section 11-A 175 4,500 Great Neck, Section II -A 176 4,500 Great Neck, Section II -A 177 4,500 Great Neck, Section II -A 178 4,500 Great Neck, Section 11-A 179 4,500 Great Neck, Section II -A 180 4,500 Great Neck, Section ILA 181 4,500 Great Neck, Section II -A 182 4,500 Great Neck, Section 1I-A 183 4,500 Great Neck, Section 1I-A 184 4,500 Great Neck, Section II -A 185 4,500 Great Neck, Section 11-A 186 4,500 Great Neck, Section II -A 187 4,500 Great Neck, Section II -A 188 4,500 Great Neck, Section II -A 189 4,500 Great Neck, Section 11-A 190 4,500 Great Neck, Section II -A 191 4,500 Great Neck, Section II -A 192 4,500 Great Neck, Section II -A 193 4,500 Great Neck, Section 11-A 194 4,500 Great Neck, Section 11-A 195 4,500 Great Neck, Section II -A 196 4,500 Great Neck, Section II -A 197 4,500 Great Neck, Section 11-A 198 4,500 Great Neck, Section II -A 199 4,500 Book: 3542 Page, 1977-Current: 510 Seq: 5 Type: CONSOLIDATED REAL PROPERT Recorded: 1%1/20151203:31 PM Fee Amt: $26.00 Page 1 of 5 Onslow County, NC Rebecca L. Pollard Reg. of Deeds BK 4246 PG 523 AMENDMENT TO DECLARATIONS (Great Neck, Section II -A) 0 This AMENDMENT TO DECLARATIONS (the "Amendment") made and 00 entered into the /lo day of 1 ,, • , 201�t by CAROLINA PLANTATION a DEVELOPMENT CORPORATION, a North Carolina corporation (hereinafter called E0 0� "Declarant"). oa a� a>1 WITNESSETH: b0 ao 0 ; WI-MREAS, Declarant heretofore caused the following documents to be recorded: vo S 1. A subdivision map for Carolina Plantations, Great Neck, Section II -A a recorded in Map Book 61, Pages 92-92A; and, n> OL L 2. A Declaration for Carolina Plantations recorded in Book 3435, Page 457 NN$ ev � (hereinafter called "Master Declaration"); and, Na vmE `m o v 3. A Declaration for Great Neck at Carolina Plantations recorded in aba aBook 3486, Page 24 ("Great Neck Declaration"); and, e ow LW >lmu a V •, E >.ca MLN N O VZN C t o w Prepared by WARD AND SMITH, P.A., 1001 College Court (28562), Post Office Box 867, 3 o New Bern, NC 28563-0867 E Please return to WARD AND SMITH, P.A., 1001 College Court (28562),Post Office Box 867 a p New Bern, NC 28563-0867 ec Attention: C. H. Pope, Jr. ZL-��6 ev p.r JUL 2 7 2021 rl BY.•_ 527 i Type: CONSOLIDATED REAL PROPERT Recorded: 1/7/2015 12:05:37 PM Fee Amt: $26.00 Page 1 of 5 Onslow County, NC Rebecca L. Pollard Reg. of Deeds BK 4246 PG 528 - 532 AMENDMENT TO DECLARATIONS v" (Great Neck, Section II-B) a w 4- This AMENDMENT TO DECLARATIONS (the "Amendment") made and entered into the Ito day of � 20_/_-t by CAROLINA PLANTATION a0 u DEVELOPMENT CORPORATION, a North Carolina corporation (hereinafter called O W o ce "Declarant'), aT r N ac v'o WITNESSETH: LU O WHEREAS, Declarant heretofore caused the following documents to be recorded: N OlC d L r i. A subdivision map for Carolina Plantations, Great Neck, Section II-B a > recorded in Map Book 62, Pages 46-46A; and, o.c •au L •� N? c 2. A Declaration for Carolina Plantations recorded in Book 3435, Page 457 E (hereinafter called "Master Declaration"); and, OWE ONE L L T b 3. A Declaration for Great Neck at Carolina Plantations recorded in 3 � � Book 3486, Page 24 ("Great Neck Declaration"); and, a.ro-I E ua r L N roO U24. � t OL W s o Prepared by WARD AND SMITH, P.A.,1001 College Court (28562), Post Office Box 867, ° ' U E New Bern, NC 28563-0867 9 ° Please return to WARD AND SMITH, P.A„ 1001 College Court (28562), Post Office Box 867, rom a a New Beni, NC 28563-0867 s o Attention: C. H. Pope, Jr. a v �cc 0— M i -• Type: CONSOLIDATED REAL PROPERT• ( Recorded: 1/7Q015 12:07:25 PM Fee Amt: $26.00 Page 1 of 5 Onslow County, NC Rebecca L. Pollard Reg. of Deeds BK 4246 PG 533 - 537 AMENDMENT TO DECLARATIONS (Regal Hill) a o" This AMENDMENT TO DECLARATIONS (the " Amendment") made and W entered into the day of uesJ1y 2014, by CAROLINA PLANTATION �d e „ DEVELOPMENT CORPORATION, a North Carolina corporation (hereinafter called urn 0 V "Declarant"). a n: w !. r �+ b; WITNESSETH: v0 �u vc WHEREAS, Declarant heretofore caused the following documents to be recorded: �r H _ co, 1. A subdivision map for Carolina Plantations, Regal Hill recorded in Map •ca Book 61, Pages 91; and, of •M� z 2. A Declaration for Carolina Plantations recorded in Book 3435, Page 457 6 L+ 4+ N d (hereinafter called "Master Declaration"); and, vine cud a m 3. A Declaration for Regal Hill at Carolina Plantations recorded in U G N •o a Book 3542, Page 524 ('Regal Hill Declaration"); and, TbV a u •� e a.L a rum r 00 N V2W •r L 0W - Prepared by WARD AND SMITH, P.A., 1001 College Court (28562), Post Office Box 867, a „ New Bern, NC 28563-0867 r " e Please return to WARD AND SMITH, P.A., 1001 College Court (28562), Post Office Box 867, NCa New Bern, NC 28563-0867 Attention: C. H. Pope, Jr. M+ E L a C u a v occ ul •r N IN111111111y11111 Rsoordid: 07/pa% p10 etTOR�:SC0a PM Fee Amt: ita1.00 Peps 1 of so On8lou County NC R�bwa L. PuJlard Rea. of Made UK3435 Pa457-506 DECLARATION OF CAROLINA PLANTATIONS A PLANNED DEVELOPMENT LOCATED rN ONSLOW COUNTY, NORTH CAROLINA CEIVE UL 2 7 2021 Prepared by Ward and Smith, P.A., IUUI College Court (28562), Post Office Box 867, Ne Rem, NC 28563.0867 Please return to Word and Smith, P.A., 1001 College Court (28562), Post Office Box 867, Rem, NC 28563-0867 Attention: C. H. Pope, Jr. �x{{� ,ice idt{���(pf.�nil .I �J �_ 4 i 9ofl g n � RCd,S BY: Book: 3435 Page: 457 Page t of 50 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ;•^•,� .�' CAROLINAPLANCATIONS 'fable of Contents Article1: Definitions ..................................................................................................... I 1.1 Act...................................................................................................................... I 1.2 Additional Property..........................................................................4.................. 1 1.3 Area of Common Responsibility ......................... :.......... ...................................... 1 1.4 Articles................................................................................................................2 1.5 Association Documents.................................................................4....... 4.............2 1.6 Base Assessment ................................. :............ ..................................................... 2 1.7 Benefited Assessment...............................................................4..........................2 1.8 Board of Directors or Board................................................................................ 2 1.9 Builder... ..................................... 4 ..................................................................... 4. 2 1.10 Bylaws......................................................................................4.........................2 1.11 Common Elements............................................................................................4.2 1.12 Common Expenses................................................................................4.............2 1.13 Covenant to Sham Costs......................................................................................3 1.14 Declarant ................. .... .................................................................................... 4... 3 1.15 Declaration .................................. .................. ..................... ................................. 3 1.16 Development Period............................................................................................3 1.17 Improved Lot.......................................................................................................3 1.18 Landscaping........................................................................................................3 1.19 Limited Common Elements.. ......................... ............... 4 ..................................... 3 1.20 Lot...................................................................................................................... 3 1.21 Master Association............................................................. :................................ 4 1.22 Master Plan.........................................................................................................4 1.23 Member..................................................................................................4............4 1.24 Mortgage.. ........................................................................................................ -4 1.25 Mortgagee...........................................................................................................4 1.26 Nonresidential Unit.............................................................................................4 1.27 Owner.......................................................................................................4....4....4 1.28 Permit........ .......................................................................................... .. ........ ... 4 1.29 Person...............................................................................................................4.4 1.30 Project..........................................................................................4......................5 . _ :2,.., ..,, ';, 1.31 Property...............................................................................................................5 a11.32 Recorded Plat................................................................................................. 5 +' 1.33 Register of Deeds ....... .... .......... ........ ................. ................................. ................. 5 '• > .1.34 Residential Unit ................ :............................................................ ...:.................. 5 1.35 SEC Permit........................'.::.........................................................4...................5 '•1.36 Special Assessment............................................................................................. 5 �. ' 'tf 1.37 Stormwater Management Facilities ..................:...... .................. ........................... 5 Book: 3435 Page: 457 Page 2 of 50 1.38 Subsidiary Association........................................................................................ 5 1.39 Supplemental Declaration....................................................................................5 1.40 Unimproved Lot..................................................................................................6 1.41 Unit.....................................................................................................................6 1.42 Upkeep........................................................................................:.......................6 1.43 Utility Company..................................................................................................6 Article2: Property Rights..............................................................................................6 2.1 Common Elements........................................................................:.....................6 2.2 Recreational Facilities.........................................................................................7 Article 3: Master Association Function, Membership and Voting Rights........................7 3.1 Function of Master Association...........................................................................7 3.2 Membership........................................................................................................7 3.3 Voting.................................................................................................I...I...........8 Article 4: Master Association Rights, Obligations and Services ...................................... 8 4.1 Personal Property and Real Property for Common Use ........................................ 8 4.2 Implied Rights; Board Authority.........................................................................8 4.3 Dedication of Common Elements........................................................................9 4.4 Disclaimer of Liability.........................................................................................9 4.5 Safety................................................................................................................10 4.6 Provision of Services......................................................................................... 10 4.7 Change of Use of Common Elements................................................................11 4.8 View Impairment............................................................................................... 11 4.9 Relationship with Tax -Exempt Organizations.................................................... 11 4.10 Lakes, Ponds, and Other Water Features............................................................ 12 Article 5: Maintenance................................................................................................. 12 5.1 Master Association's Responsibiliiy................................................................... 12 5.2 Owner's Responsibility...................................................................................... 13 Article 6: Insurance and Casualty Losses...................................................................... 14 6.1 Authority to Purchase - Notice........................................................................... 14 6.2 Physical Damage Insurance............................................................................... 15 6.3 Liability Insurance..............................................................................:.............. 16 6.4 Other Insurance.................................................................................................16 6.5 Separate Insurance on Lots................................................................................ 16 Article7: Conservation Areas............................................................................:........ 17 7.1 Conservation Areas........................................................................................... 17 7.2 Conservation Areas Covenants.......................................................................... 17 Book: 3435 Page: 457 Page 3 of 50 Article 8: Permit and SEC Permit: Transfer, Responsibilities and Covenants ...:........... 17 8.1 Owner Obligation and Liability ............................... :... !.^...... ................ .. 8.2 Transfer to and Acceptance by Master Association ............................................ 17 8.3 Master Association Indemnification .......................................... !.::.................... 19 8.4 Administration of Permit.........................................t.....................::.................. 18 8.5 Easement for Upkeep and Enforcement............................................................. 18 8.6 Permit Covenants ............................. ............................. :...................... :.:.......... IS Article 9: Annexation and Withdrawal of Property...................................................... 19 9.1 Annexation by the Declarant............................................................................. 19 9.2 Withdrawal of Property........:...:: 9.3 Additional Covenants and Easements................................................................ 20 9.4 Amendment...............................................:................:.............`........................20 9.5 Additional Members ...................................................... :.. ..... :....:....................... 20 Article 10: Assessments..............................................................................................20 10.1 Creation of Assessments.................................................................................... 20 10.2 Declarant's Obligation for Assessments ..................:......... .......................... 21 10.3 Builders Obligations for Assessments................................................................22 10.4 Computation of Base Assessment ...... ............. ................... ................................ 22 10.5 Reserve Budget and Special Reserve Assessment ............................................. 23 10.6 Special Assessments.......................................................................................... 23 10.7 Benefited Assessments...................................................................................... 23 10.8 Date of Commencement of Assessments....................:.....................I................. 24 10.9 Lien for Assessments.........................................................:..:............................ 24 10.10 Failure to Assess .................... ......'.......:........ .:.:......... .............. .'.:........... ........ 24 10.11 Exempt Property "'`' ' 10.12 Initial Working Capital Fund.............................................................................25 Article It: Architectural and Design Standards...........................................................25 Article 12: Plan of Development and Rules and Regulations-......!'... ......... .................. 25 12.1 Plan of Development: Applicability: Effect ...................... :..... ............................... 25 12.2 Authority to Promulgate Rules.......................................................................... 26 12.3 Owners' Acknowledgment and Limitations .............. ..:........................................ 26 Article13: Easements.......................................................:...:...................................... 26 13.1 Easements for Utilities, Access, Subdivision, Drainage .................................... 27 13.2 Easement and Right to Dedicate Public Rights of Way and Utility Easements... 27 13.3 Easements to Serve Additional Property " 13.4 Development and Other Easements................................................................... 27 13.5 Easements for Cross-Drainage...........................................................................27 13.6 Easements for Maintenance and Enforcement ............................ :.:...................... 28 M Book: 3435 Page: 457 Page 4 of 50 13.7 Rights to Stormwater Runoff, Irrigation Water, and Water Reclamation............ 28 13.8 Easements for Lake and Pond Maintenance and Flood Water ............................ 28 13.9 Easements for Irrigation.................................................................................... 29 13.10 Access Easement for Common Elements........................................................... 29 13.11 Sign Easements.................................................................................................29 13.12 Property Benefited............................................................................................. 29 13.13 Declarant Easements Assignable....................................................................... 30 Article 14: Declarant's Rights...................................................................................... 30 14.1 Declarant's Rights.............................................................................................. 30 14.2 Transfer of Declarant's Rights ...................................... .................................. :.. 30 14.3 Modification of Development Plan ................ :................................................... 31 14.4 Development Easements.................................................................................... 31 14.5 Marketing and Sales.......................................................................................... 31 14.6 Declarant Approval to Changes in Association Documents ................................ 31 14.7 Unimpeded Access............................................................................................32 14.8 Additional Declarations/Restrictions.................................................................32 14.9 Governmental Interests......................................................................................32 Article 15: Compliance and Enforcement....................................................................32 15.1 General Remedies.............................................................................................32 15.2 Enforcement/Sanctions...................................................................................... 33 15.3 Self -Help Remedies........................................................................................... 33 15.4 Cumulative Remedies........................................................................................ 33 15.5 Master Association's Right Not to Take Action .................................................. 33 15.6 Enforcement by Owner...................................................................................... 34 15.7 Hearing Procedures...........................................................................................34 Article 16: General Provisions..................................................................................... 35 16.1 Term................................................................................................................. 35 16.2 Amendment....................................................................................:..................35 16.3 Termination.......................................................................................................36 16.4 Litigation...........................................................................................................36 16.5 Sevembility.......................................................................................................36 16.6 Use of the Words............................................................................................... 37 16.7 Notice of Sale or Transfer of Title..................................................................... 37 16.8 Attomeys' Fees.................................................................................................. 37 EXIiIBIT A - Property EXIIIBIT B - Allocated Built -Upon Areas EXHIBIT C - Portion of Optional Additional Property iv Book: 3435 Page: 457 Page 5 of 50 DECLARATION OF CAROLINA PLANTATIONS . THIS DECLARATION OF C ROLINA PLANTATIONS, A Planned Development ("Declaration") is made this day of July, 2010, by CAROLINA PLANTATION DEVELOPMENT CORPORATION, a North Carolina corporation (herein referred to as the "Declarant"). - WHEREAS, Declarant is the owner in fee simple of the real property described in Exhibit A• which is attached hereto and incorporated herein by reference, and desires to create a planned community pursuant to the provisions of Chapter 47F of the General Statutes of North Carolina (the "Act"); and to subject the Property (as defined in Article 1) to mutually beneficial restrictions under a general plan of improvement for the benefit of the owners of each portion of the property described on Exhibit A and any additional property the Declarant elects to subject to this Declaration pursuant to the terms herein; and to establish a flexible and reasonable procedure for the overall development, administration, maintenance and preservation of said Property; and, , WHEREAS, Declarant hereby declares that all of the property described in Exhibit A and any additional property subjected to this Declaration by Supplemental Declaration (as defined in Article I ), shall be held, sold, used and conveyed subject the Act and to the following easements, restrictions, covenants, and conditions, whichlare for the purpose of protecting the desirability of, and which shall run with, the real property subjected to this Declaration. No real property other than the property described on Exhibit A'is subject to this Declaration until explicitly made subject to this Declaration by Supplemental Declaration. This Declamtion shall be binding on and shall inure to the benefit of all parties having any right, title, or interest in the property described in Exhibit or any part thereof, their heirs, successors, successors -in -title, and assigns. Article 1. Definitions, The terms used in this Declaration shall generally be given their natural, commonly accepted definitions except as otherwise specified. Capitalized terms shall be defined as set forth below. 1.1 "Act": Chapter 47F of the General Statutes of North Carolina designated as the North Carolina Planned Community Act. 1.2 "Additional Property": Any property Declarant may subject to the Declaration pursuant to Article 9. 1.3 "Area of Common Responsibility": The Common Elements, together with those areas, if any, which by the terms of this Declaration, any Supplemental Declaration or other applicable covenants, or by contract become the responsibility of the Master Association, including by way of illustration but not Iimitation,'Stormwater Management Facilities, rights -of -way, entry gates and features, and conservation areas. Book: 3435 Page: 457 Page 6 of 50 1.4 "Articles": The Articles of Incorporation of Carolina Plantations Owners Association, as filed with the North Carolina Secretary of State. 1.5 "Association Documents": Collectively the Articles of Incorporation of the Master Association, the Bylaws of the Master Association, this Declaration, any Supplemental Declaration as may be applicable to separate portions of the Property, the Rules and Regulations, and any resolutions adopted by the Board, all as may be amended, restated and revised from time to time. Any exhibit, schedule or amendment to an Association Document shall be considered a part of that document. 1.6 'Base Assessment": Assessments levied on all Lots to fund the Common Expenses. During the Development Period, no Base Assessment shall be imposed on Lots owned by Declarant. 1.7 'Benefited Assessment": Assessments levied under Section 10.7. 1.8 'Board of Directors" or "Board": The body responsible for administration of the Master Association selected as provided in the Bylaws. 1.9 "Builder": Any Person designated by Declarant as a Builder, who purchases one or more Lots for the purpose of constructing Units for resale to consumers in the ordinary course of its business, or who purchases one or more parcels of land within the Property for further subdivision, development, and/or resale in the ordinary course of its business. 1.10 „Bylaws": The Bylaws of the Master Association as they may be amended from time to time. 1.11 "Common Elements": All real and personal property in which the Master Association now or hereafter owns, leases or otherwise holds possessory or use rights for the common use and enjoyment of the Owners, including easements held by the Master Association for those purposes. The tens shall include, without limitation, any Recreational Facilities (if constructed by Declarant and transferred to the Master Association as provided in Section 2.2), and landscape medians, roads, cul-de-sacs, lakes, ponds, rivers, streams, wetlands and preservation areas transferred or conveyed to the Master Association. The term shall also include any and all permits and other such intangible property including, but not limited to, the Permit (as defined below). Notwithstanding this definition, Section 47F-3-112 of the Act, which requires certain membership approval and certain procedures to convey portions of common elements, shall apply only to those portions of the Common Elements included in real estate owned or leased by the Master Association other than Lots. 1.12 "Common Expenses": Any and all expenditures made by or financial liabilities and obligations of the Master Association, together with any allocations to reserves. Book: 3435 Page: 457 Page 7 of 50 1.13 ,,'Covenant to Share Costs": Any declaration of easements and covenant to share costs executed by Declarant and recorded in the Register of Deeds which creates easements for the benefit of the Master Association and the present and future owners of the real property subject to the Declaration and which obligates the Master Association and suchownersto share the costs of maintaining certain property described therein: ' 1.14 "Declarant": Carolina Plantation Development Corporation, a North Carolina corporation, and any successor, successor -in -title, or assignee thereof, who is designated as Declarant in an instrument executed by the immediately preceding Declarant and recorded in the Register of Deeds. There may be multiple Declarants in the event that the Declarant elects to assign a portion of the Declarant rights hereunder to another party. 1.15 "Declaration": This Declaration, including any exhibit; schedule or amendment thereto, and any Supplemental Declaration, all as may be amended, restated and revised from time to time. ' I t 16 "Development Period": The period 'ending on the earliest'of (a) thirty (30) years from the date this Declaration is recorded in the Register of Deeds; provided, that if Declarant is delayed in the improvement and development of the Property as a result of a sewer, water or building permit moratorium or other cause or event beyond Declarant's control, then the aforesaid period shall be extended for the length of the delay plus an additional two (2) years upon written notice to the Master Association of such extension; or (b)'ihe date specified by Declarant in a recorded instrument executed by all then current Declarmis that the Development Period is to terminate on that date so stated. 1.17 "l mnroved Lot": A Lot containing a Unit for which a Certificate of Occupancy (temporary, conditional or final) has been issued. . 1.18 "Landscaoine": Living plants,' shrubs, trees, vegetation, ground coverings (including grass and sod) end appurtenant live/growing vegetative materials, straw, mulches, composting material's, pools (other than swimming pools), ornamental ponds, ornamental structures and any other'living or non -living material or stnietum reasonably constituting a part of any or all of the foregoing installed upon a Lot. 1.19 "Limited Common Elements": A portion of the Common Elements allocated by this Declaration or by operation of law for the exclusive use of one (1) or more but fewer than all of the Lots. limited Common Elements may also be shown on any Recorded Plat. 1.20 "Lot": A portion of the Property, whether improvedorunimproved, other than Common Elements and property dedicated to the public, which may be independently owned and conveyed and which is separately identified on a Recorded Plat. The term shall refer to the land, if any, which is part of the Lot as well as any improvements, including any Unit, thereon. In the case of any structure containing multiple Units, each Unit shall be deemed to be a separate Lot. ' Book: 3435 Page: 457 Page 8 of 50 For all purposes set forth in the Association Documents, a Lot comes into existence upon the recordation in the Register of Deeds of the last to occur of: (1) a Recorded Plat depicting said Lot or (ii) a Supplemental Declaration defining and subjecting the proposed Lot to this Declaration. 1.21 "Master Association": Carolina Plantations Owners Association, a North Carolina nonprofit corporation, its successors and assigns. 1.22 "Master Plan": The (raster plan for the development of the Property filed with the City of Jacksonville and/or Onslow County, as it may be amended, updated, or supplemented from time to time, which plan includes the property described on Exhibit A. The Master Plan may also include subsequent plans approved by City of Jacksonville and/or Onslow County, for the development of any Additional Property which Declarant may from time to time anticipate subjecting to this Declaration. Inclusion of property on the Master Plan shall not, under any circumstances, obligate Declarant to subject such property to this Declaration. The exclusion of property from the Master Plan shall not bar it from later being made subject to this Declaration in accordance with Article 9. 1.23 "Member A Person having membership in the Association consistent with Section 3.2 of this Declaration. 1.24 "Mortgage": A mortgage, a deed of trust, a deed to secure debt, or any other form of security deed encumbering a Lot. 1.25 "Mortgagee": A beneficiary or holder of a Mortgage. 1.26 "Nonresidential Unit": 'Any building or structure or portion of a building or structure situated upon any Lot or within the Property which is intended for independent ownership, development and use for any permittednonresidential purpose including, without limitation, offices, retail stores, neighborhood businesses and other such uses to the extent that the same are permitted by applicable zoning regulations and ordinances to which the Property is subject. 1.27 "Owner": One or more Persons who hold the record tide to any Lot, except Persons holding an interest merelyas security for the performance of an obligation in which case the equitable owner will be considered the Owner. 1.28 "Permit": All North Carolina Stormwater Management Permits applicable to the Property, including without limitation North Carolina Stormwater Management Permit No. SW8100510, and any additional future North Carolina Stormwater Management Permits applicable to the Property, and any amendments, additions or replacements thereof. 1.29 "Person": A natural person, corporation, limited liability company, partnership, trustee, or any other legal entity. Book: 3435 Page: 457 Page 9 of 50 1.30 o'ec ": The Carolina Plantations Develooinent located on the Property. 1.31' • "Property": The real property described in Exhibit A'together with such Additional Property that is subjected to this Declaration in accordance with Article 9 and excluding any real property withdrawn from the encumbrance of this Declarant in accordance with Article 9. 1 1.32 "Recorded Plat": Any and all maps and plats recorded in the Register of Deeds depicting portions'ofthe Property subject to this Declaration; including without limitation that certain "CROWN PARK SECTION I AT CAROLINA PL'ANTATIONS'A PLANNED RESIDENTIAL DEVELOPMENT" recorded in Map Book 60 at Page 88 iri the Registei of Deeds. - . 1.33 ''Reeister of Deeds": The office of the Register of Deeds of Onslow County, North Carolina. 1.34 "Residential Unit": Any building or structure or portion of a building or structure situated upon a Lot which is intended for use and occupancy as an attached or detached residence for a single family, including by way of illustration but not limitation; townhomes, condominium units, cluster homes, patio or zero lot line homes,'arid single family detached " houses. 1.35 "SEC Permit": All North Carolina Sedimentation and Erosion Control'-' Permits, including without limitation North Carolina Sedimentation and Erosion Control Permit for Project ID: ONSLO-2010-073 and any additional future Sedimentation and Erosion Control Permits applicable to the Property, including any and all amendments, modifications and replacements thereof. - 1.36 "SDecial Assessment".'Assessments levied under Section 10.6. 1.37. "Stormwater Management Facilities": All areas consisting'of ditches and swales, retention ponds and other improvements which are constructed pursuant to, and regulated by, the Permit. r 1:38 "SubsidiaryAssociation": In addition to the Master Association, there ` will be created subsidiary associations associated with distinct neighborhoods odsections of the Property. Owners of Lots who are members of Subsidiary Associations within the Property shall also be Members of the Master Association and shall be entitled to all rights and subject to all obligations granted and created pursuant to the Master Association. ' 1:39 "Supplemental Declaration": An amendment or supplement in this - Declaration filed pursuant to Article 9 which subjects additional property to this Declaration and identifies the Common Elements within the additional -property, if any, and/or imposes, expressly or by reference, additional obligations and use restrictions on the land described therein.' Supplemental Declarations may, but are not required to, establish Subsidiary Associations. Book:3435 Page: 457 Page10 of50 1.40 "Unimproved Lot": A Lot other than an Improved Lot. 1.41 " it": An inclusive term referring to both Residential and Nonresidential Units, or to any one of them. 1.42 "UokeeD": Care, inspection, maintenance, operation, irrigation, repair, repainting, remodeling, restoration, improvement, renovation, alteration, replacement and reconstruction. 1.43 "Utility Company": A public or private company or entity duly licensed and authorized by the North Carolina Utilities Commission to provide utility services within a specified franchise area and any entity providing utility services on behalf of a body politic, municipality or other governmental body or entity. Article 2. Property Riehta. 2.1 Common Elements: Every Owner shall have a right and nonexclusive casement, in common with all other Owners, of use, access, and enjoyment in and to the Common Elements, subject to: (a) The Association Documents and any other applicable covenants; (b) Any restrictions or limitations contained in any deed conveying such property to the Master Association; (c) All applicable provisions of the Act; (d) The right of the Declarant and Board to adopt rules, regulations or policies regulating the use and enjoyment of the Common Elements as described in Section 12.2 herein, including rules restricting use of Recreational Facilities (as hereinafter defined) within the Common Elements to Owners, their families, lessees and guests, and rules limiting the number of occupants and guests who may use the Common Elements; (e) The right of the Declarant or Master Association to dedicate or transfer all or any part of the Common Elements to governmental entities pursuant to Section 4.3; (f) The right of the Master Association to impose reasonable membership requirements and charge reasonable membership, admission, or other fees for the use of any Recreational Facility or other improvements situated upon the Common Elements; (g) The right of the Master Association to permit use of any Recreational Facilities situated on the Common Elements by Persons other than Owners, their families, lessees and guests upon payment of use fees established by the Board; Book: 3435 Page: 457 Page 11 of 50 (h) The right of the Declarant and Master Association to create, enter agreements with, grant easements to and transfer portions of the Common Elements to tax- exempt organizations under Section C9; (i) The right of the Master Association to suspend the privilege of an Owner to use Recreational`Facilities, if any are constructed within the Common Elements. (j) The right of the Master Association to rent or lease Recreational Facilities within the Common Elements on a short-term basis to any Owner for the exclusive use of such Owner and such Owner's family and guests. 2.2 Recreational Facilities., Declarant may, but'has'no obligation to, construct swimming pools, community center/clubhouses, tennis courts, arid other recreational improvements and facilities within the Common Elements (only such facilities that are constructed on Common Elements owned by the Master Association and are explicitly dedicated as such by the Declarant are included in the defined term "Recreational Facilities" as used herein)' If constructed, the Recreational Facilities will be provided for the benefit of Owners of Residentialbnits (other t6im Builders), their families, tenants and guests within the Property. During the Development Period, the Declarant, and thereafter the Master Association, inay- impose reasonable regulations regarding the use of any such Recreational Facilities to insure accessibility, safety, harmony and preservation of any such Recreational Facilities. The Recreational Facilities shall be maintained as part of the Common Elements. The cost of the management, operation, maintenance, repair, servicing, replacement and renewal of the , Recreational Facilities shall be deemed Common Expenses as to all Owners who have the right of access to and use of said Recreational Facilities. .l . Article 3. Master.Association Function. Membership and Voting Rights. 3.1 Function of Master Association. The Master Association shall be the entity responsible formanagement Upkeep, operation and control of the Area of Common , Responsibility. The Master Association shall be the primary entity responsible for enforcement of the Association Documents. The Master Association shall perform its functions in accordance with the Association Documents and North Carolina law. Subject to the limitations in this Section 3.1, the Master Association shall have all powers reasonably necessary to perform its functions and obligations described in the Association Documents including, but not limited for all powers set forth in N.C. Gen. Stat. Chapter 55A and the Act. 3.2 Membership. Every Owner shall be a.Member of the Master Association. If a Lot is owned by more than one Person, all co -Owners shall be Members and share the privileges of such membership, subject to reasonable Board regulation, and the restrictions on voting set forth in Section 3.3 and in the Bylaws. All such co -Owners shall bejointly and severally obligated to perform the responsibilities of Owners. The membership rights of an Owner which is a corporation, partnership or other legal entity may be exercised by any officer, director, partner, or trustee, or by any other individual designated from time to time by the Owner in a written instrument provided to the Secretary of the Master Association. Book: 3435 Page: 457 Page 12 of 50 3.3 Voting. (a) All Owners shall have one (1) equal vote for each Lot in which they hold the interest required for membership under Section 3.2; provided there shall be only one (1) vote per Lot. (b) Declarant may, by Supplemental Declaration, create additional classes of membership for the Owners of Lots within any Additional Property made subject to this Declaration, with such rights, privileges and obligations as may be specified in such Supplemental Declaration in'reeognition of the different character end intended use of the property subject to such Supplemental Declaration. (e) Exercise of Voting Rights. Except as otherwise specified in this Declaration or the Bylaws or as required by law, the vote for each Lot owned by a Member shall be exercised by the Owner. In any situation in which there is more than one Owner of a particular but, the vote for such Lot shall be exercised as such co -Owners deterntine among themselves and advise the Secretary of the Master Association in writing prior to any meeting. Absent such notice to the Matter Association, the Lot vole shall be suspended if more than one Person seeks to exercise it. If the co -Owners arc unable to agree on how the vote should be cast, it will be disregarded. Article 4. Master Association Rights. Obliaations and Services. 4.1 Persorial Property and Real Proem for Common Use. The Master Association may acquire, hold, and dispose of tangible and intangible personal property and real property. Declarant may convey to the Master Association improved or unimproved real estate located within the Property, personal property and leasehold and other property interests. Upon each and every such conveyance, such property shall be accepted by the Master Association and thereafter shall be maintained as Common Elements by the Master Association at its expense for the benefit of its Members, subject to any restrictions set forth in the deed. 4.2 Implied Rights: Board Authority. The Master Association may exercise any right or privilege given to it expressly by the Master Association Documents or which may be reasonably implied from; or reasonably necessary to effectuate, any such right or privilege. Except as otherwise specifically provided in the Master Association Documents, or by law, all rights and powers of the Master Association may be exercised by the Board without a vote of the membership. 4.3 Dedication of Common Elements. During the Development Period, the Declarant, and thereafter the Master Association, may dedicate or grant easements over portions of the Common Elements to any local, slate, or federal governmental entity or any Utility Company. Book: 3435 Page: 457 Page 13 of 50 4.4 „Disclaimer of Liability. The Master Association may, but shall not he obligated to, maintain or support certain activities within the Property designed to promote the health, safety and welfare of Owner's and occupants of any Lot. (a) Notwithstanding anything contained herein or in the Master Association Documents or the Act, neither the Master Association, the Board, the management company of the Master Association, nor Declaii nt(s) shall be liable or responsible for, or in any manner' aguarantor or irisurcr of, the health, safety or'welfare of any Owner or occupant of any Lot or any tenant; guest or invitee of any Owner or occupant or for any propeity of any such Persons. Faeh Owner and occupant of a tot and each tenant, guest end invitee'of any Owner or occupant shall assume all risks associated with the use and enjoyment of the Property', including all Recreational Facilities. (b) Neither the Master Association, the Board, the management company of the Master Association, nor Declararit(s) shall be liable or responsible for'any personal injury, illness or any other loss or damage caused by the presence or malfunction of utility lines or " utility sub -stations adja"cent to, near, over, or on the Property. Each Ownei end oecupant of a Lot and each family member, tenant; guest, and invitee'of any Owner or occupant'shall assume all risk of personal injury; illness, or other loss or damage arising from the presence of utility lines or utility sub -stations and further acknowledges that the Master Association, the Board, the management company of the Master Association, Declarant or any successor Declarant have made no representations or warranties, nor' has any Owner or occupant, or any family member, tenant, guest, or invitee of any Owner or occupant relied upon any representations or warranties, expressed or implied, "relative to the conditiomor impact of utility lines or utility sub -stations, (c) Each Owner and occupant, and each family member, tenant, guest and invitee of any Owner or occupant acknowledges that the Property islocatia in the vicinity of weiland andswamp'areas and that such areas may contain an abundance of wildlife, including deer, skunks, opossums, sakes, alligators, reptiles, rodents and.pests. Neither the Master Association, the Board, the management company of the Masier Association, Declarant, nor any successor Declarant shall be liable or responsible for any personal injury, illness or any other loss or damage caused by the presence of such wildlife on the Property. Each Owner,and occupant of a Lot and each farndy member, tenant, guest, and invitee of any Owner or occupant shall assume all risk of personal injury, illh6s, or other loss or damage arising from the presence of such wildlife andfurther acknowledges that the Master Association, the Board, the management company of the Master Association, if any, Declarant or any successor Declarant have made no representations or warranties, nor has any Owner or occupant, or any family member, tenant, guest, or invitee of any Owner or occupant relied upon any representations or warranties, expressed or implied, relative, to the presence of such wildlife. Declarant, acting in its sole and absolute discretion, retains the right, but not the obligation, to engage in wildlife and fishery management plans and practices on the Property to the extent that such practices are permitted by applicable state and federal law. For the purpose of illustration and not limitation, this right includes the right to manage and control Book: 3435 Page: 457 Page 14 of 50 any populations of deer, raccoons, and other wildlife through a variety of techniques, including organized hunting, shooting and trapping. Declarant hereby reserves the right to assign these management rights to the Association. (d) No provision of the Master Association Documents shall be interpreted as creating a duty of the Master Association, the Board, the management company of the Master Association, nor Declarants to protect or further the health, safety or welfare of any Person(s), even if the funds of the Master Association are used for any such purpose. Each Owner (by vinue of his or her acceptance of title to his or her Lot) and each other Person having an interest in or lien upon, or making any use of any portion of the Property (by virtue of accepting such interest or lien or making such use) shall be bound by this Section and shall be deemed to have waived any and all rights, claims, demands and causes of action against the Master Association, the management' company of the Master Association, if any, nor Declarant(s), their directors, officers, committee and Board members, employees, agents, contractors, subcontractors, successors and assigns arising from or connected with any matter for which the liability has been disclaimed.' 4.5 Safety. (a) The Master Association may, but is not obligated to, maintain or support certain activities within the Property designed to provide for the safety of the Members. All Owners and occupants of any Lot, and all family members, tenants, guests, and invitees of any Owner, acknowledge and understand that the Master Association, its Board and committees, the management company of the Master Association, and Declarant(s) are not insurers or guarantors of safety within the Property.; Neither the Master Association, any management company of the Master Association, nor any Declarant shall be held liable for any loss or damage for failure to provide adequate safety or ineffectiveness of safety measures undertaken. Each Owner acknowledges, understands and shall be responsible for informing its tenants and all occupants of its Lot that the Master Association, its Board and comminees, and Declarant(s) are not guarantors of security or safeiy and that each person using Property within the Project assumes all risks of personal injury and loss or damage to property including Lots, improvements thereon and the contents thereof, resulting from acts of third parties. (b) The Declarant may, but is not obligated Fg, construct or install entryway gates at one or more of the entries to the development. In the event that Declarant elects to install any such gates, whether or not said gates are located on the Common Elements, said gates shall be operated and maintained by the Declarant or the Master Association in the Declarant's discretion, and the cost of said maintenance and operation shall be a Common' Expense of the Master Association. ' 4.6 Provision of Services. The Master Association may provide services and facilities for the Members of the Master Association and their guests, lessees and invitees. The Master Association shall be authorized to enter into contracts or other similar agreements with other entities, including Declarant, to provide such services and facilities. The costs of services 10 Book: 3435 Page: 457 Page 15 of 50 and facilities provided by the Master Association maybe funded by the Master Association as a Common Expense. In addition; the Board'shall be'authoriied to charge additional use and consumption fees for services and facilities. By way of example, some services and facilities which may be provided include landscape maintenance, pest control service, cable television service, security, caretaker; fire protection, utilities, and similar services and facilities. The Board, subject io life terms of the contracts for facilities 'or services, but'Without the'consent of the Members of the Master Association, ahall be permitted to modify or cancel'existing services or facilities provided, if any; or to provide additiohal services sand facilities. Nothing contained herein can be relied upon as a representation as to what services and facilities, if any, will he provided by the Master Association. Thisparegreph shall, be specifically construed to allow the Master A'ssociatioii to enter into a contract for the overall management of the Master Association with any. individual or corporation. The Master Association or its managing agent shall_ also be permitted to provide services to any Subsidiary'Association or Owners'whereit deems'it to be in the interest'of the Master Association io do si .. ' 4.7 ' Changeof Use of Co`nimon'Elements. Upon (a) adoption of a resolution by the Board stating that, in the Board's opinion, a service provided by the Master Association pursuant to Section 4.6 or the then present use of a designated part of the Common Elements is no longer in the best interest of the Owners or is no longer necessary or appropriate for the purposes intended, and (b) the consent of Declarant during the Development Period, the Board shall have the power and right. to terminate such service.or, change the use of any Common Elements (and, in connection therewith, construct, reconstruct, alter or change the buildings, structures and improvements thereon in any manner deemed necessary, by the Board to, accommodate the new use), provided that any,such new use (i) shall be for the benefit of the Owners, (is') shall be consistent with any deedrestrictions and zoning regulations restricting or limiting the use of lh"Common Elements,. (iii) shall be consistent with the then effective Master Plan. .. - ,.. —4.8 View Imnairment. Neither Declarant nor the Master Association f.11guarantee's or represents that any view over and across any property, including any Lot, from adjacent Lots will bepreserved withoui impairment. Any express or implied easements for view purposes or foi the passage of light and air are hereby expressly Xsclairiied. 4.9 Relationship with Tax -Exempt Organizations. During the Development Period, the Declarant; and thereof ie' the Master Association, maycreate,'enter into agreements or contracts with; grant exclusive and/o'r non-exclusive easements over the Common Elements to, or transfer pottions'of the Common Elements to non-profit, tax-exempt organizations, including but not limited to organizations thatpro yide facilities or services designed to meet the physiCal'or social needs of a particular group or class of persons, for the banalt of the Properly, the Master Association, its Members and residents. The Master Association may contribute money, real or personal property or, services to any such entity. Any such contribution shall be aude Common Expense of the Master Association and incld as a line item in the Master Association's annual budget. For the purposes of this Section, a "tax-exempt organization" shall mean an entity which is exempt from federal income taxes under the Internal Revenue Code Book: 3435 Page: 457 Page 16 of 50 ("Code"), such as but not limited to entities which are exempt from federal income taxes under Sections 501(c)(3) or 501(c)(4), as the Code may be amended from time to time. 4.10 Lakes. Ponds. and Other Water Features. Neither the Declarant, the Master Association, nor any oftheh successors, assigns, officers, directors, committee members, employees, management agents, contractors or subcontractors shall be liable or responsible for maintaining or assuring the water quality or level in any lake, pond, canal, creek, stream, waterfall, water feature, or other water body adjacent to or within the Property, except as such responsibility may be specifically imposed by an applicable governmental or quasi -governmental agency or authority. Furthermore, all Owners and other users of any portion of the Property located adjacent to or having a view of any of the aforesaid water bodies shall be deemed, by virtue of their acceptance of a deed to, or use of, such portion of the Property, to have agreed to hold harmless all of the parties listed above for any and all changes in the quality and level of the water in such water bodies. Article S. Maintenance. 5.1 Master Association's Responsibility. (a) The Master Association shall provide Upkeep for the Area of Common Responsibility, which shall include, but need not be limited to: (i) all Common Elements, all improvements upon the Common Elements, and all of the Stormwater Management Facilities regardless of location; (ii) all Landscaping, parks, signage, structures, and improvements, including any bike, pedestrian and equestrian pathways and trails, situated upon the Common Elements; (iii) all private roads and streets, including any asphalt repairs thereto, situated upon the Common Elements or utilized by the Master Association and Owners for access that are not Common Elements of any Subsidiary Association, specifically including any and all roads and streets that are offered to the City of Jacksonville or the North Carolina Department of Transportation (or any county or other governmental entity authorized to maintain roads) until the date that each such road or street is accepted by the City of Jacksonville or the North Carolina Department of Transportation (or by a county or. other governmental entity authorized to maintain roads), provided that in the event that any roads or streets rights of way are offered for dedication and accepted by an authorized governmental entity for public maintenance, such public maintenance shall not have any impact on the Master Association's obligations to provide for the Upkeep of all Stormwater Management Facilities and other improvements within the public rights of way that we not maintained by the authorized governmental entity; 12 Book: 3435 Page: 457 Page 17 of 50 (iv) all walls and fences constructed by Declarant on any Lots which serve as perimeter walls for the Property or which separate any Lot from Common Elements which are not to be maintained by any Subsidiary Association; (v) Landscaping, sidewalks, street lights, irrigation systems, and signage within public streets or other rights -of -way on or for the benefit of the Property which are not to be maintained by any Subsidiary Association; (vi) all entry features, signs, and gates', including Landscaping and irrigation for the entry feature areas, and the provision of electrical service to said areas for the benefit of the Project. ' (vii):,Landscaping.within any public utility easements and other easements within the Common Elements (subject to the terms of any easement agreement relating thereto); (viii) any additional property included within the Area of Common Responsibility as may be dictated by this Declaration, any Supplemental Declaration, any Covenant to Share Costs, any Recorded Plat, or any contract or agreement for maintenance thereof entered into by the Master Association; and (ix) any property and facilities owned by Declarant and made available, on a temporary or permanent basis, -for the primary use and enjoyment of the Master Association and its Members and identified by written notice from Declarant to the Master Association until Declarant revokes such privilege of use and enjoyment by written notice to the Master Association. Said property and facilities may include without limitation roads, streets, or other access ways. (b) The Master Association may also maintain and improve other property which it does not own, including, without limitation, property dedicated to public use, if the Board determines that such maintenance is necessary or desirable and if otherwise permitted by applicable law. (c) Except as otherwise specifically provided herein; all costs for Upkeep of the Area of Common Responsibility shall be a Common Expense allocated among all Lots as part of the Base Assessment, without prejudice to the right of the Master Association to seek reimbursement from the Persons responsible for, such work pursuant to this Declaration, other recorded covenants, or agreements with such Persons. ' 5.2 Owners Responsibility. Each Owner shall maintain his or her Lot (with the exception of those areas designated as common maintenance responsibility on the recorded maps), including any Unit, and all other structures, parking areas, Landscaping, and other improvements upon the Lot in a manner consistent with all applicable covenants, unless such maintenance responsibility is otherwise assumed by or assigned to a Subsidiary Association 13 Book: 3435 Page: 457 Page 18 of 50 pursuant to any Supplemental Declaration or other declaration of covenants applicable to such Lot. In addition to any other enforcement rights, if an Owner fails properly to perform his or her maintenance responsibility, the Declarant during the Development Period or until the assignment of authority to the Master Association described in Section 3.1, and thereafter the Master Association, may perform such maintenance responsibilities and assess all costs incurred by the Declarant or the Master Association against the Lot and the Owner as a Benefited Assessment in accordance with Section 10.7. The Master Association shall afford the Owner reasonable notice and an opportunity to cure the problem prior to entry, except when entry is required due to an emergency situation. Article 6. Insurance and Casualty Losses. (a) The Board shall have the power on behalf of the Master Association to (1) purchase insurance policies relating to the Common Elements, (2) adjust all claims arising under such policies and (3) execute and deliver releases upon payment of claims. The cost of all insurance policies purchased by the Board relating to the Common Elements shall be a Common Expense. The Board, the managing agent and the Declarant shall not be liable for failure to obtain any coverages required by this Article or for any loss or damage resulting from such failure if such failure is due to the unavailability of such coverages from reputable insurance companies, or if such coverages are so available only at an unreasonable cost. Exclusive authority to negotiate losses under such policies shall be vested in the Board or with its authorized representative. The Board shall promptly notify the members of material adverse changes in, or termination of, insurance coverages obtained on behalf of the Master Association. (b) Each such policy shall provide that: (i) The insured waives any right to claim by way of subrogation against the Declarant, the Master Association, the Board, the managing agent, any member or the Owners and their respective households, guests, employees, customers, tenants, agents and invitees; (ii) Such policy shall not be cancelled, invalidated or suspended due to the conduct of any member or any Owner, or such Owner's tenant or such Owner's (or tenant's) household, guests, employees, customers, agents and invitees, or of any member, Officer or employee of the Board or the managing agent without a prior demand in writing that the Board or the managing agent cure the defect and neither shall have so cured such defect within sixty (60) days after such demand; and (iii) Such policy may not be cancelled or substantially modified (including cancellation for non-payment of premium) without at least thirty (30) days prior written notice to the Board or the managing agent. 14 Book: 3435 Page: 457 Page 19 of 50 �,-(c) All policies of insurance shall be written by reputable companies licensed or qualified to do business in North Carolina. (d)- The deductible (if any) on any insurance policy purchased by the Board shall be a Common Expense; provided, however, that the Master Association may assess any deductible amount necessitated by the act, misuse or neglect of an Owner, or such Owner's tenant or such Owner's (or tenant's) household, guests, employees, customers, agents or invitees against such Owner. . 6:2 Physical Damage Insurance. (a) The Board shall obtain and maintain a blanket, "all-risk" form policy of fire insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage (if applicable), cost of demolition, debris removal, and water damage endorsements, insuring any improvements located on the Common Elements, together with all service'machinery contained or located therein and covering the interests of the Master Association, in an amount equal to one hundred percent (100%) of the then current replacement cost of any improvements located on the Common Elements (exclusive of the land, excavations, foundation and other items normally excluded from such coverage), without deduction for depreciation (such amount to be ' redetermined annually by the Board with the assistance of the insurance company affording such coverage). The Board shall also obtain and maintain appropriate coverage on all personal property and real estate other than the Common Elements owned by the Master Association. (b) Each such policy shall also provide: (i) a waiver of any right of the' insurer to repair, rebuild or replace any damage or destruction, if a decision is made not to do so; (ii) the following endorsements (or equivalent): (1) "no control" (to the effect that coverage shall not be prejudiced by any act or neglect of any occupant or Owner or their agents or any member when such act or neglect is not within the control of the insured or the Owners collectively, nor by any failure of the insured, any members or the Owners collectively, to comply with any warranty or condition with regard to any portion of the Property over which the insured, the members or the Owners collectively, have no' ' control); (2) "cost of demolition": (3) "contingent liability from operation of building laws or codes'; (4) increased cost of construction'; (5) "replacement cost"; and (6) "agreed amount" or elimination of coinsurance clause; (iii) that any "no other insurance" clause expressly exclude individual members' and Owners' policies from its operation of that the physical damage policy purchased by the Board shall be deemed primary coverage and any individual members' or Owners' policies shall be deemed excess coverage, and in no event shall the insurance coverage obtained and maintained by the Board hereunder provide for or be brought into contribution with insurance purchased by individual Owners or their Mortgagees, unless otherwise required by law; and is Book: 3435 Page: 457 Page 20 of 50 (iv) such deductibles as to loss, but not coinsurance features, as the Board in its sole discretion deems prudent and economical. 6.3 Liability Insurance. The Board shall obtain and maintain comprehensive general liability, broad form endorsement (including libel, slander, false arrest and invasion of privacy coverage) and property damage liability insurance in such limits as the Board may from time to time detemtine, insuring each director, the managing agent and the employees of the Master Association against any liability to the public or to any member or any Owner or such Owner's tenant and such Owner's (or tenant's) household, guests, employees, customers, agents and invitees arising out of, or incident to the ownership or care, custody, control and use of the Common Elements or legal liability arising out of employment contracts of the Master Association. Such insurance shall be issued on a comprehensive liability basis and shall contain: (1) a cross -liability endorsement under which the rights of a named insured under the policy shall not be prejudiced with respect to an action against another named insured; (2) hired and non - owned vehicle coverage; (3) host liquor liability coverage with respect to events sponsored by the Master Association; (4) deletion of the normal products exclusion with respect to events sponsored by the Master Association; and (5) a "severability of interest" endorsement which shall preclude the insurer from denying liability coverage to an Owner or member because of negligent acts of the Master Association or of another Owner or member. The Board shall review such limits once each year, but in no event shall such insurance be less than One Million and No/100 Dollars (SI,000,000.00) covering all claims for bodily injury or property damage arising out of one occurrence. Reasonable amounts of "umbrella" liability insurance in excess of the primary limits shall also be obtained in an amount not less than Three Million and No/10o Dollars ($3,000,000.00). - 6.4 Other Insurance. The Board may obtain and maintain such other insurance: (i) as the Board may determine advisable, or (ii) as may be required with respect to the Additional Property made subject to this Declaration by any Supplemental Declaration adding such Additional Property. 6.5 Separate Insurance on Lots. (a) Each Owner shall have the right, but no obligation, to obtain insurance for such member's or Owner's benefit, at such member's or. Owner's expense, covering the improvements located on such Owner's Lot or the Lot owned or maintained by such member. No member or Owner shall acquire or maintain insurance coverage on the Common Elements insured by the Master Association so as: (i) to decrease the amount which the Board may realize under any insurance policy maintained by the Board; (ii) to cause any insurance coverage maintained by the Board to be brought into contribution with insurance coverage obtained by a member or Owner; or (iii) in violation of any declaration of covenants encumbering such Owners Lot. No member or Owner shall obtain separate insurance policies on the Common Elements owned by the Master' Association. 16 Book: 3435 Page: 457 Page 21 of 50 •t(b) Owners may be required to'obtain certain insurance coverages with respect to Additional Property that is added to the Pipery pursuamlo Supplemental Declarations or Subsidiary Association documents. Article 7. Conservation Areas.' -7:1 'v Conservation Areas: The areas shown as conservation areas on the - Recorded Plats and/or described in a Supplemental Declaration or Subsidiary' Association i0 documents as conservation areas shall be maintained'in perpetuity in their natural'or mitigated - condition. .a 7.2 Conservation Areas Covenants, Supplemental Declarations or Subsidiary Association documents may establish specific covenants applicable to conservation areas included within the property subject to said Supplemental Declarations or Subsidiary, Association documents: .. •• t Article S.. Permit and SEC Permit: Transfer. Responsibilities and Covenants. 8.1 Owner Oblieation and Liability. Each Owner shall comply with the terms, conditions and obligations_ of the Permit and the SEC Permit in addition to the covenants, restrictions, and obligations described in this Declaration.. Owners acknowledge that failure to _ comply with temts of the Permit and the SEC Permit may subject the Owner to,liability and penalties in addition to enforcement under this Declaration. Consistent with,the geneml responsibility tc enforce the Association Documents described in Section 3.1 above, the Master Association shall be the primary party responsible for the enforcement of the Owner's obligations under this Article 8. , ;g .Transfer to and Acceptance bv,Master Association. Declarant shall, at its sole cost and expense, initially construct all Stormwater Management, Facilities to the standards required by the Permit. At any time after completion of the initial construction of the Stormwater Management Facilities, Declarant may transfer the Permit and Declarant's responsibilities under the Permit to the Master Association and the Master Association shall accept such transfer: Thereafter, upon'completion of the initial construction of the Stormwater Management Facilities required by the applicable Permit for anyAdditional Property annexed by Declarant into the Property pursuant to this. Declaration; Declarant may transferthe applicable - , Permit and Declarant's responsibilities under the Permit applicable to the property annexed by. Declarant into the Property to the Master Association. The Master Association shall accept the transfer from Declarant of the applicable Permit and responsibilities under the Permit. Transfers of any such Permit shall occur upon the date determined by the Declarant.. ' Declarant mayin its sole discretion, divide any North Carolina Stormwater Management Permit included in the Permit into multiple permits for any reason, including .. without limitation to facilitate transfer of a Permit to the Master Association. In the event that Declarant elects to divide a North Carolina Stormwater Management Permit, the Master Association shall cooperate with that division, including without limitation the execution of 17 Book: 3435 Page: 457 Page 22 of 50 applications or other documents required by the State of North Carolina Department of Environmental of Natural Resources or other authorized governmental agency, and acceptance or conveyance of portion of real property including Stormwater Management Facilities deemed appropriate by Declarant 8.3 Master Association Indemnification. The Master Association shall indemnify and hold Declarant(s) harmless from any loss, cost, claim, fee, fine, suit, damage or expense; including reasonable -attomeys' fees, incurred by Declarants) in the defense of any action against Declaram(s) as the responsible party under the Permit and any Permit applicable to any property annexed into the Property from and after the date Declarant(s) tender transfer of its responsibilities under the Permit to the Master Association. Further, Declarant may bring an action for specific performance of the obligations of the Master Association as set forth in to this Article 8. 8.4 Administration of Permit. From and after the transfer of Declamnt's responsibilities under the Permit to the Master Association, the oversight, supervision, management and administration of the Permit shall be the sole responsibility of the Master Association. The Master Association's duties with respect to the Permit shall be carried out in accordance with the terms and conditions of the Association Documents and the Permit. The Master Association shall be responsible for the Upkeep of Stormwater Management Facilities in accordance with the Permit. 8.5 Easement for Uokeeo and Enforcement. The Association and the permittee under the Permit hereby are granted and conveyed an easement over, under and upon each Lot for the purpose of access to and Upkeep of all Stormwater Management Facilities and facilities required by the SEC Permit and to enforce all requirements of the Permit and the SEC Permit. 8.6 Permit Covenants. The following covenants are intended to ensure ongoing compliance with the Permit as issued by the Division of Water Quality under NCAC 2H.1000: (a) The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Permit. (b) These covenants are to run with the land and be binding on all persons and parties claiming under them. (c) The covenants pertaining to sormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. , (d) Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. 18 Book: 3435 Page: 457 Page 23 of 50 (e) The maximum allowable built -upon area per Lot is limited to a specific area. The allocated amount for the Lois included in the initial Property subject to this Declaration is set forth on Exhibit Battached hereto. The maximum allowable built -upon area for lots included in future phases shall be described in the Supplemental Declaraiion annexing these Lots and/or the Subsidiary Association documents. The allotted amount includes any built-uponaica'constructed within the Lot propchy boundaries, and that portion of the c., r "u v r o right -of --way between the front Lot line and the edge of the pavement of any- street abutting such' Lot. Built-upon'irea includes, but is not limited to, strictures, asphalt, •concrete, gravel, brick; stoneslate coquina and parking areas, but does not include raised, open wood decking; or the water surface of swimming pools. r (f) Lots located within an Area of Environmental Concern ("AEC") as designated by CAMA may be subject to a reduction in the allowable built -upon area due to such CAMA regulations. 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 that is shown herein, the goveming'maximum built upon area for that lot shell be the most restrictive of the two. (g) All runoff on the Lot must drain into the peiinitted system. This may be accomplished through providing roof drain gutter's, which drain to the'siiect, grading the Lot to drain towards the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. (h) 'Built -upon area in excess of the permitted amount will require a permit modification. (i) If permeable pavement credit is allowed, the Owner must submit a request, with supporting documentation, to the permince under the Permit and receive approval prior to construction of built -upon area. 0) A fifty foot (50') wide vegetated buffer must be provided adjacent any impounded structures, streams, rivers and tidal waters on each Lot. No built -upon area is allowed within this buffer. Article 9. Annexation and Withdrawal of Property. 9.1 Annexation by the Declarant (a) During the Development Period, Declarant may unilaterally subject any realproperty to the provisions of this Declaration including without limitation any of the real property described on Exhibit C. Nothing in this Declaration or otherwise shall be construed to require Declarant, or any successor, to develop any Additional Property in any manner whatsoever. Nothing in this Deciehtion'or otherwise shall be construed to encumber any real property other than the real property described on Exhibit'A unless and until any Additional 19 Book: 3435 Page: 457 Page 24 of 50 Property is made subject to this Declaration by a Declarant, as evidenced by an executed and recorded Supplemental Declaration. (b) Declarant may transfer or assign this right to annex property absolutely in its entirety, or with regard to specific property, and may assign this right to one (I) or more parties as deemed appropriate by Declarant. (c) Such annexation shall be accomplished by filing a Supplemental Declaration in the Register of Deeds describing the property to be annexed and specifically subjecting it to the terms of this Declaration. Such Supplemental Declaration shall require the consent of the owner of such property, if other than Declarant. Any such annexation shall be effective upon the recording of such Supplemental Declaration in the Register of Deeds unless otherwise provided therein. 9.2 Withdrawal of Proverty. Declarant reserves the right to amend this Declaration without prior notice and without the consent of any Person, for the purpose of removing property then owned by Declarant, or the Master Association from the coverage of this Declaration. Furthermore, Declarant may withdraw any real property from the coverage of this Declaration without prior notice and without. consent of any Person other than the Owner of the withdrawn property, but with the written consent of the fee simple owner of the real property to be withdrawn. 9.3 Additional Covenants and Easements. Declarant may unilaterally subject any portion of the Property subject to this Declaration to additional covenants and easements, including covenants obligating the Master Association to maintain and insure such property on behalf of the Owners. Such additional covenants and easements shall be set forth in a Supplemental Declaration filed either concurrently with or after the annexation of the subject property and shall require the written consent of the owner(s) of such property, if other than Declarant. 9.4 Amendment. During the Development Period, this Article shall not be . amended without the prior written consent of Declarant. 9.5 Additional Members. Any property made subject to this Declaration pursuant to the previsions of this Article 9 shall be subject to all conditions and privileges of the Association Documents and Owners of any such annexed property shall be members of the Master Association. Article 10. Assessments. 10.1 Creation of Assessments. Subject to the limitations described in Sections 10.2 and 10.3, the Master Association shall levy assessments against each Lot for Common Expenses as the Board may specifically authorize from time to time. here shall be three (3) types of assessments for Master Association expenses: (a) Base Assessments to fund Common Expenses for the general benefit of all Lots; (b) Special Assessments as described in 20 Book: 3435 Page: 457 Page 25 of 50 Section 10.6; and (c)'Benefited Assessments as described in Section 10.7. Each Owner, by accepting a deed or entering into a recorded contract of sale for any Lot within any portion of the Property is deemed to covenant and agree to pay those assessments. '(a) All assessments, together with interest from the due date of such assessment at a rate determined by the Master Association (not to'exceed the highest rate allowed by North Carolina law), late charges, costs, including lien fees and administrative costs, and reasonable attorneys' fees, shall bee charge and continuing lien upon each Lot against which the assessment is levied until paid, as more particularly provided in Seciiou f 09. Eacfi such assessment; together with interest, late charges, costs, including lien fees and administrative costs, and reasonable attorneys' fees, also shall be the personal obligation of the Person who was the Owner of such Lot at the time the assessment was levied. Upon a transfer of title to a Lot, the grantee shall bejointly and severally liable with the grantor for any assessments and other charges due at the time of conveyance. , (b) Assessments 'shall be paid in such manner and by such dates as the Board may establish. Unless the Board otherwise provides, the Base Assessment for each Lot shall be due and payable in advance each year on the first day of the fiscal year of the Master Association. If any Owner is deliirqueni in paying any essessmeots or othercharges levied on his or her Lot, the Board may require any unpaid installments of all outstanding assessments to be paid in full immediately. ' (c) The Master, Association shall; upon request by an Owner, furnish to any Owner a certificate'in writing signed by an officer of the Master Association or authorised community manager setting forth whether asseismentsfor'such Owners Lot have been paid'and any delinquent amount. Such certificate shall be conclusive evidence of payment.'The Master Association may require the advance payment'of a reasonable processing fee for the issuance of such certificate. ' (d) No Owner may exempt himself or herself from liability for assessments, by non-use of Common Elements, abandonment of his or her Lot of any other means. The obligation to pay assessments is a separate and independent covenanfoii the part of each Owner. No diminution or abatement of assessments or set-off shall be. claimed or allowed for any alleged failure of the Master Association or Board to take some action or perform some function required of it or for inconvehience or discomfort arising from repairs or improvements or other action taken by if. 10.2 Declarant's Obligation for Assessments. The Declarant shall have no obligation for assessments during the Development Period. During the Development Period, Declarant may, at Declarant's sole election, advance to the Master Association the shortage for any fiscal year or any portion thereof. The "shortage"shall be the difference between: (a) the amount of all income and revenue of any kind received by the Master Association, including but not limited to, assessments collected on all other Lots, use fees, and income from all other sources, and 21 Book: 3435 Page: 457 Page 26 of 50 (b) the amount of all actual expenditures incurred by the Master Association during the fiscal year, including any reserve contributions for such year, but excluding all non- cash expenses such as depreciation or amortization, all expenditures and reserve contributions for making additional capital improvements or purchasing additional capital assets, and all expenditures made from reserve funds. Calculation of the shortage shall be performed on a cash basis of accounting. In the event that the Declarant elects to advance to the Master Association the shortage or any portion thereof for any fiscal year during the Development Period, such advances made by the Declarant shall be accounted for and cumulatively credited against the Deciarant's obligation to pay auessments after the expiration or termination of the Development Period. Such credits shall,be applied to the Declarant's obligations to pay assessments immediately after the expiration or termination of the Development Period, and each subsequent assessment period thereafter until such credits are entirely diminished. In the event that the Declarant is still entitled to said credit after both: (i) the expiration or termination of the Development Period, and (11) the Declarant owns no more Lots, the Master Association shall pay the amount of the credit owed to Declarant promptly after sold events. The Declamnt's obligation to pay assessments may be satisfied in the form of cash or by "in kind" contributions of services or materials, or by any combination of these. 10.3 Builders Obligations for Assessments. Far the period of twelve (12) months from the date of the recording of a deed from Declarant for an Unimproved Lot to a Builder, the Base Assessment for such Unimproved Lot owned by a Builder shall be fifty percent (5o°/o) of the Base Assessment determined pursuant to the budget. Upon the earliest to occur of: (i) conveyance of the Lot by the Builder to a different.Owner, (ii) issuance of a certificate of occupancy for the home on the Lot, or (iii) occupancy of the.home on the Lot, the full amount of the Base Assessment for all Lots shall be paid by the Owner of the Lot commencing on the first day of the first month after said event. 10.4 Computation of Base Assessment. The Declarant shall establish the initial budget for the Master Association including the initial Base Assessment for each Lot. Thereafter, not less than fifty (50) days before the beginning of each fiscal year, the Board shall prepare and adopt a budget covering the Common Expenses estimated to be incurred during the coming year. The budget shall include a capital contribution to establish a reserve fund in accordance with a budget separately prepared as provided in Section 10.5, but shall not include expenses incurred during the Development Period for initial development, original construction, installation of infrastructure; original capital improvements, or other original construction costs unless approved by Owners representing a majority of the total votes of the Master Association and Declarant. In determining the budget, the Board, in its discretion, may consider other sources of funds available to the Master Association. In addition, the Board shall take into account the number of Lots subject to assessment on the first day of the fiscal year for which the 22 Book: 3435 Page: 457 Page 27 of 50 budget is prepared and the number of Lots reasonably anticipated to become subject to assessment during the fiscal year.' Within thirty (30) days after adoption of any proposed budget by the Board, the Board shall provide to all Owners a summary of the budget and notice of amccting to consider ratification of the budget, including a statement that the budget maybe ratified without a quorum. The Board shall set a date for a meeting of the Owners to consider ratification of the budget' such meeting'to be field not less than ,ten (10) nor snore than sixty (60) days after mailing of the summary of the budget avid notice of the meeting: There shall 6e"'66 requirement that•e quorum be present at the meeting. The budget is ratified unless, at that meeting; a majority of all the Owners in the Master Association -rejects thebudget. In the'event the proposed budget is rejected, the periodic budget last mtified'by the Owners shall be continued until iuch time as the Owners'ratifya subsequent budget proposed by the'Board. ' -The Base Assessment for the fiscalyear shall be determined based upon the budget adopte&by the Board and ratified by the Owners:' The'amount of Base Assessment shall be levied equally against all Lots, subject to the provisions of Sections 1.6; 10.2; and 10.3. 10.5 Reserve Budget and Special Reserve Assessment. The Board shall prepare, on an annual basis, reserve budgets for general purposes'which take into account the number and nature of replaceable assets; the expected life of each asset; and the expected repair or replacement cost of each asset. Such reserve budgets may also anticipate making additional capital improvements and purchasing additional capital assets. The Board shall include in the Base Assessments reserve contributions in amounts sufficient to meeftliese projected needs, if any.. r. ... - The Board may adopt resolutions regarding the expenditure of reserve funds, including policies designating the nature of assets for which reserve funds may -be expended. Such policies may differ for general Master Association'purposes. - Neither the Master Association nor the Board shall adopt, modify, limit or expand such,policies without Declarant's prior written consent. 10.6 Special Assessments: In addition to other authorized assessments, the Board may levy Special Assessments from time to time to cover unbudgeted expenses or expenses in excess of those budgeted. Such,Special Assessments shall be approved at a meeting of the Board and shall become effective upon approval by the Board provided.that Declarant may disapprove such Special Assessments during the Development Period. -Special Assessments shall be payable:in such manner and at such times as determined by the Board and maybe payable in installments extending beyond the fiscal year in which the Special Assessment is approved. 10.7 Benefited Assessments. 'the Board may levy Benefited Assessments against particular Lots for expenses incurred or to be incurred by the Master Association, as follows: 23 Book: 3435 Page: 457 Page 28 of 50 (a) to cover costs incurred in bringing the Lot into compliance with the terms of the Association Documents and the Act or costs incurred as a consequence of the conduct of the Owner or occupants of the Lot, their family members, tenants, invitees, or guests; provided, the Board shall give the Lot Owner prior written notice and an opportunity for a hearing before levying a Benefited Assessment under this section; (b) as provided in the Association Documents; (c) to recover costs incurred as a result of an Owner's failure to comply with the Permit; and (d) for a violation of the Association Documents by an Owner and the cost of enforcement of the same. 10.8 Date of Commencement of Assessments. The obligation to pay assessments shall commence as to each Lot on the first day of the month following: (a) the date the Lot is made.subject to this Declaration, or (b) the date the Board first determines a budget and levies assessments pursuant to this Article, whichever is later. The first annual Base Assessments against each Lot shall be adjusted according to the number of months remaining in the fiscal year at the time assessments commence on the Lot. 10.9 Lien for Assessments. All assessments authorized in this Article shall constitute a lien against the Lot against which they are levied, as provided in N.C. Gen. Stat. § 47F-3.116, until paid unless otherwise specifically precluded in this Declaration. The lien shall also secure payment of interest (subject to the limitations of North Carolina law), late charges, and costs of collection (including attomeys' fees, lien fees and administrative costs). Such lien shall be superior to all other liens, except (a) the liens of all taxes, bonds, assessments, and other levies which by law would be superior, and (b) the lien or charge of any first Mortgage of record (meaning any recorded Mortgage with first priority over other Mortgages) made in good faith and for value. The Master Association may enforce such lien, when any assessment or other charge is delinquent, by suit, judgment, and foreclosure. The sale or transfer of any Lot shall not affect the assessment lien or relieve such Lot from the lien for any subsequent assessments. However, a Mortgagee holding a first Mortgage of record or other purchaser of a Lot who obtains title pursuant to foreclosure of the Mortgage shall not be personally liable for assessments on such Lot due prior to such acquisition of title. Such unpaid assessments shall he deemed to be Common Expenses collectible from Owners of all Lots subject to assessment, including such acquirer, its successors and assigns. 10.10 Failure to Assess. Failure of the Board to fix assessment amounts or rates or to deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification, or a release of any Owner from the obligation to pay assessments. in such event, each Owner shall continue to pay Base Assessments on the same basis as for the last year for which an assessment was made, if any, until a new assessment is made, at which time the Master Association may retroactively assess any shortfalls in collections. 24 Book: 3435 Page: 457 Page 29 of 50 ,10.11 Exempt Property. The following property shall be exempt from payment of Base Assessments and Special Assessments: - (a) all Common Elements; (b) all property dedicated to and accepted by any governmental authority or Utility Company; and . - (c) all property owned by the Declarant during the Development Period. In addition, Declarant and/or the Master Association shall have the right, but not the obligation, to grant exemptions to certain Persons qualifying for Section 501(c) status under the Internal Revenue Code so long as such Persons own property subject to this Declaration for purposes listed in Section 501(c). 10.12 Initial -Working Capital Fund. Upon the first conveyance of a Lot by a Builder or Declarant to an Owner other than aBuilder, such Owner shall contribute at the closing of said Lot an amount equal to one -sixth (1/6) of the annual Assessment levied for the current fiscal year against such Lot; said sum to be paid to the Master Association. The sum is not an advance payment of any installment of the annual Assessment, but shall be utilized to establish . the initial working capital fund for the Master Association. Such sum may also be utilized to reimburse Declarant the exact cost of any premiums or insurance policies purchased for the benefit of the Master Association by Declarant. ' Notwithstanding the above, the following conveyances shall not constitute the first conveyance by a Builder or Declarant: (i) conveyance of a -Lot from the Declarant or a Builder or lenderof aDeclarant or Builder through foreclosure or by Deed in Lieu of foreclosure, (ii) conveyance of ten (10) or more lots by a purchaser through foreclosure or Deed in Lieu of foreclosure, or'(iii) conveyance of a -Lot to a Declarant or Builder. . Article l I. Architectural and Design Standards. The Subsidiary Association documents may include provisions regarding architectural review and control regarding improvements to the Lots, Units, and property. Any. such provisions shall not apply to the activities of Declarant or to improvements to the Common Elements by or on behalf of the Master Association. i. Article12. Plan of Development and Rules and Regulations. 12.1 Plan of Development• Applicability: Effect. Declarant has established a general plan of development and occupancy for the Property under this Declaration subject to the Master Association's and the Members' ability to respond to changes in circumstances, conditions, needs, and desires within the community. All.provisions of this Declaration and any rules shall apply to all Builders, their contractors, builders, agents, and employees and to all other Owners, their family members, occupants, tenants, guests and invitees of any Lot. 25 Book: 3435 Page: 457 Page 30 of 50 Notwithstanding the Declarant's establishment of a general plan of development, the Declarant shall not be liable for any failure or alleged failure to police and/or enforce the Association Documents. 12.2 Authoritv to Promulante Rule (a) Subject to the terms of this Article, and in accordance with its duties of care and undivided loyalty to the Master Association and its Members, the Board may adopt rules and regulations pertained by, and not inconsistent with, the Act, including such rules and regulations relating to the use of, and parking and traffic, on public and private streets located within the Property. Said rules and regulations shall be applicable to all Owners excent the Declarant(s). (b) After the termination or expiration of the Development Period, the Owners, at a meeting duly called for such purpose, may adopt rules which modify, cancel, limit, or create exceptions to, adopted rules by a vote of Owners representing sixty-seven (67%) of the total vole. (c) At least fifteen (15) days prior to the effective date of any action under subsections (a) or (b) of this Section, the Board shall send a copy of the rule to each Owner specifying the effective date of such role. The Master Association shall provide, without cost, a copy of the rules then in effect to any requesting Member or Mortgagee. (d) Nothing in this Article shall authorize the Board or the Owners to modify, repeal or expand the Declaration, the Bylaws, or the Articles. Such documents may be amended as provided therein. Notwithstanding anything to the contrary herein, no rules or regulation's adopted pursuant to subsection (b) or (c) above shall be applicable to the Nonresidential Units without the written consent or approval of the Owners of ninety percent (90%) of the Nonresidential Units. 12.3 Owners' Acknowledgment and Limitations. All Owners are subject to this Declaration and are given notice that: (a) thew ability to use their privately owned property is limited Thereby, and (b) the. Declarant, Board, and/or the Owners may adopt, delete, modify, create exceptions to, or amend the rules. Each Owner by acceptance of a deed acknowledges and agrees that the use and enjoyment and marketability of his or her property can be affected by this provision and that the rules and regulations may change from time to time. No role or action by the Master Association or Board shall impede Declarant's right to develop the Property in accordance with the Master Plan, including, but not limited to, the rights of Declarant as set forth in Article 15. Article 13. Easements. 26 Book: 3435 Page: 457 Page 31 of 50 13.1 Easements for Utilities, Access, Subdivision, Drainage. , (a) Declarant reserves unto itself a perpetual, nonexclusive easement for ingress, egress, regress, across, the installation and maintenance of utilities, further subdivision, and the right to dedicate public use, over, under and upon any aril all streets, roads, and other rights of way on the Property including without limitation Carolina Plantations Boulevard and Seville Street as shown on the Recorded Plat, all drainage and utility easements shown on the Recorded Plat or lying on the Property, and water and sewer easements shownon the Recorded Plat'or lying on the Property. (b) Declarant reserves unto itself a perpetual, nonexclusive easements for the purpose of access and Upkeep upon, across, over, and under all of the Property to the extent reasonably necessary to install, operate, and provide Upkeep for: roads, walkways, bicycle pathways, trails, lakes, ponds, wetlands, drainage systems, street lights, signage, and all utilities, including, but not limited to, water, sewers, meter boxes, telephone, gas, electricity, television, andsecurity and similar systems. Declarant may assign these easements and rights to any utility supplier, cable company, security company or other company providing a service or utility subject to the limitations herein. Without limiting the general authority described by the foregoing, Declarant reserves the right to subject any portion of the Property, including the Conan ri Elements, to an easement for the benefit of an electric Utility Company for the installation of underground electric cables and/or the installation of street lighting, either or both of which may require an initial payment and continuing obligation to the eleciic Utility Company by the Master Association or the Owners directly. 13.2 Easement and Right to Dedicate Public Rights of Way and Utility Easements. Declarant reserves for itself, its successors and assigns, the perpetual right to dedicate to public use, any and all: (1) rights of way, streets, roads, and other access ways, and (ii) utilities, drainage and similar easements. located on the Property. 13.3 Easements to Serve Additional Prope . Declarant hereby reserves for itself and its duly authorized agents, representatives, employees, successors, assigns, licensees, and Mortgagees, a perpetual, nonexclusive easement over the Lots and the Common Elements for the purposes of enjoyment, use, access, and development of any Additional Property whether or not such property is made subject to this Declaration, including without limitation the real property described on Exhibit C and the real property described in that certain deed recorded in Book 2149, at Page 44 in the Regiiter of Deeds. This easement includes, but is not limited to, a right of ingress and egress over the Common Elements for construction of roads and for connecting and installing utilities on such property. 13.4 Development and Other Easements. Declarant specifically reserves all of the easements identified as being so reserved in this Declaration including, but not limited to, those set forth in Article 14. 13.5 Easements for Cross -Drainage. Every Lot and the Common Elements shall be burdened with perpetual easements for natural drainage of stormwater runoff from other 27 Book: 3435 Page: 457 Page 32 of 50 portions of the Property; provided, no Person shall alter the natural drainage on any Lot to increase materially the drainage of stormwa(er onto adjacent portions of the Property without the consent of the Owners) of the affected property and the Board. 13.6 Easements for Maintenance and Enforcement. The Master Association shall have the right, and a perpetual easement is hereby granted, to enter all portions of the Property, including each Lot to: (a) perform its Upkeep responsibilities under Article 5; and (b) make inspections to ensure compliance with the Association Documents. Except in emergencies, entry onto a Lot shall be only during reasonable hours and after notice to and permission from the Owner. This casement shall be exercised with a minimum of interference to the quiet enjoyment to Owners' property. The Master Association, also may enter a Lot to abate or remove, using such measures as may be reasonably necessary, any structure, thing or condition which violates the Declaration, any Supplemental Declaration, the Bylaws or the rules. All costs incurred, including reasonable attorneys' fees, shall be assessed against the violator as a Benefited Assessment, The Property is hereby burdened with perpetual non-exclusive easements in favor of the Declarant and the Master Association for overspray of water from any irrigation system serving the Area of Common Responsibility, The Master Association and the Declarant may use treated water from a'waler treatment plant for the irrigation of any Area of Common Responsibility. Under no circumstances shall the Master Association or the Declarant be held liable for any damage or injury resulting from such overspray or the exercise of this easement. 13.7 Rights to Stormwater Runoff. Irrigation Water, and Water Reclamation. Declarant hereby reserves for itself and its designees all rights to ground water, surface water, water within ponds, lakes, rivers, streams and wetlands located with the Property, stormwater runoff, and irrigation water located or produced within the Property, and each Owner agrees, by acceptance of a deed to a Lot, that Dech mnt shall retain all such rights. Such right shall include perpetual easements over the Property for access, and for installation and maintenance of facilities and equipment to capture and transport such water, runoff and ivigat m water. 13.8 Easements for Lake and Pond Maintenance and Flood Water. Declarant reserves for itself, the Master Association, and their successors, assigns, and designees, the nonexclusive right and perpetual easement, but not the obligation, to enter upon the lakes, ponds. rivers, streams, and wetlands located within the Area of Common Responsibility to (a) perform Upkeep of pumps in order to provide water for the irrigation of any of the Area of Common Responsibility; (b) perform Upkeep of any bulkhead, wall, dam, or other structure retaining water; (c) remove trash and other debris therefrom and fulfill their maintenance responsibilities as provided in this Declaration; and (d) exercise and enjoy all rights reserved to Declarant in this Declaration. Declarant, the Master Association, and their successors, assigns and designees shall have an access easement over and across any of the Property abutting or containing any portion of any of the lakes, ponds, rivers, streams, or wetlands to the extent reasonably necessary to exercise their rights under this Section. 28 Book: 3435 Page: 457 Page 33 of 50 . There is further reserved herein for the benefit'of Declarant, the'Master Association, and their successors, assigns and designees; a perpetual, nonexclusive'rrght and easement of access and encroachment over the Common Elements and hots (but not the Units thereon) adjacent to or within one hundred (100) feet of lake beds, ponds, rivers, streams and wetlands within the Property (but not over any Units located within said -area), in order to (a) temporarily flood and back water upon and maintain water over such portions`o'f thie ' Property; (b) fill, drain; dredge; deepen; clean, fertilize; dye, and generally maintain the lakes, ponds, riven, streams, and wetlands within the Aiea of Common Responsibility subject to the approval of all appropriate regulatory bodies; (c) maintain and landscape the'slopes'and hanks pertaining to such lakes, ponds, rivers, streams, and wetlands; and (d) enter upon and icross'such portions of the Property for the purpose of exercising their rights under this Section. All Persons entitled to exercise these easements shall use reasonable care in, and repair any damage resulting from the intentional exercise of such easements. The ponds, likes and other water bodies within the Project may be designed to overflow onto portions of the Common Elements from time to time and the easement described herein includes an easemeint.for the to atrne or occasional drainage of water 'onto the Common Eleritents from overflowing ponds, lakes, an l'othe'r w" ater bodies within the Project. Nothing herein shall be construed to make Declarant or any other Person liable for damage resulting from flooding due to heavy rainfall, hurricanes, or other natural occurrences. ' r r .a. 13.0 'Easements for Irrigation. Declarant reserves for itself, and its successors and assigns, a non-ezclusive'perpetual easement to install, maintain, and'operate irrigation systems on over, across; and under the Property, excluding the Units, for the'purp' ' of dispensing and spraying treated water from a waste water package plant or other waste water treatment facility. Said.irrigation systems and related facilities may include, without limitation, ponds; pumps; covemd'and uncovered drains, irrigation ponds; waterlines, rind spray heads. This easement is explicably assignable by, the Declarant separzte and apart from other Declarant rights and easements reserved herein. 13.10 Access'Easeirterit for Common Elements. 'Declarant reserves for itself and grants to Owners a'nonexclusive'perpetual easement of access over and'across W ea'semen( " areas designated on'the recorded subdivision plats for the Property for pedestrian accessto the Common Elements. 13.11 Sign Easements. Declarint'reserves for itself, its'successors and assigns, a' nonexclusive perpetual easement for tie installation and Upkeep of signige, including without limitation signs, landscaping; lighting andother similar features; over the portions of the Property designated as "Sign Easement" on the Recorded Plat, togetherwith the right to assign; convey, or transfer said easement, in whole or in part to the Master Association and/or other parties in the future. . 13.12 Property Benefited: The easements reserved by and for the Declarant in this Declaration are for the benefit of the Property, the Additional Property including without limitation the real property described on Exhibit C any real property made subject to this Declaration in the future, any real property to which the Declarant conveys the benefit t of such 29 Book: 3435 Page: 457 Page 34 of 50 easements, which may include, without limitation, any of the real property described on Exhibit*C and/or any of the real property described in that certain deed recorded in Book 2149, at Page 44 in the Register of Deeds, and any other real property identified by the Declarant from time to time. 13.13 Declaram Easements Assignable. Notwithstanding anything to the contrary herein, each and every easement reserved by, retained by, or granted to, the Declarant in this Declaration may be separately assigned to one or multiple parties as deemed appropriate by Declarant. Said assignments may be in connection with or separate from any assignment of Declarant Rights.' Article 14. Declarant's Rights. 14.1 Declarant's Rights. Declaram's Rights are those rights reserved for the benefit of Declarant as provided for in the Act and the'Association Documents which shall include, without limitation, the following rights: (a) To complete improvements on the Property; (b) To maintain models, management offices, construction offices, sales offices, customer service offices, and signs advertising the Property; (c) Those rights set forth in Article 9 of this Declaration; (d) To designate any portion of the Property as Common Elements or Limited Common Elements; (e) To appoint, remove and replace the members of the Board; (f) To construct improvements within portions of the Property and to operate the same as public or private facilities in the sole discretion of Declarant; (g) To disapprove actions of the Board or any committee during the Development Period; (h) To disapprove any amendment or change in any Association Documents during the Development Period; (i) To enforce any covenants, restrictions and other provisions of the Association Documents during the Development Period; and 0) To amend this Declaration as set forth in Section 16.2(a). 14.2 Transfer of Declarant's Rights. Any or all of Declarant's Rights and obligations of Declarant set forth in this Declaration or the Bylaws may be transferred to other Persons, separately, with regard to specific real property, or in their entirety. Notwithstanding the foregoing, each of the Declarant Rights described in subsections (e), (g), (h), and Q) of Section 14.1 above, the right to withdraw real property described in Section 9.2, and the right to 30 Book: 3435 Page: 457 Page 35 of 50 establish additional covenants and easements described in Section 9.3 shall be vested in only one (1) Declarant at any time. Except as described iri'subsection(b) below, no such transfer shall be effective unless it is in a written instrument signed by Declaiaot and the transferee and duly recorded in the Register of Deeds. 14.3 Modification of Development Plan: Each Owner, by accepting title to a Lot and becoming an Owner; and each other Person, by acquiring any interest in the Property, acknowledges awareness that Carolina Plantations is a master planned community, the development of which is likely to extend over many years, and agrees•ootto protest or, otherwise object to (a) zoning or changes in zoning or to uses of, or changes in density o£, the Property, or (b) changes in any conceptual or master plan for the Property, including, but not limited to, the Master Plan; provided, such revision is or would be lawful (including, but not limited to, lawful by special use permit, variance or the like) and is not inconsistent with what is permitted by the Declaration (as amended ftom time to time). 14.4 Development Easements. Declarant; its employees, agents and designees', specifically reserve a nonexclusive perpetual easement over, upon, under and above the Common Elements and other portions of the Property (expressly excludirig a Unit) for any and all purposes deemed reasonably necessary or desirable�byDeclarant for the development of the Property and any Additional Property including, but not limited to, easements of access, the installation and maintenance of utilities and easements as may, be required from time to time by any governmental agency or'pursuanl to the Permit. Declarant and its employees, agents and designees shall also have a right and easement over and upon all of the Common Elements for the purpose of making, constructing, installing, modifying, expanding, replacing, and removing such improvements to the Common Elements as it deems appropriate in its sole discretion. 14.5 Marketing and Sales. During the Development Period, Declarant and its designees may maintain and carry' on upon the Common Elements and any property owned by Declarant such facilities and activities as, in the sole opinion of Declarant, may be reasonably required, convenient, or incidental to the construction or sale of such Lots, including, but not limited to, business offices, signs, model units, sales offices, and storage of building materials. Declarant and its designees shall have easements for access to and use of such facilities. Declarant's or any designee's unilateral right to use the Common Elements'for purposes stated in this section shall not be exclusive and shall not unreasonably interfere with use of such Common Elements by Owners unless leased pursuant to a lease agreement with the Master Association providing for payment of reasonable rent. 14.6 Declarant Approval to Changes in Association Documents. During the Development Period, the Master Association shall not, without the prior written approval of Declarant, adopt any policy, rule or procedure that: • (a) Limits the access of Declarant, its successors, assigns and/or affiliates or their personnel and/or guests, including visitors, to the Common Elements of the Master Association or to any property owned by any of them; ' 31 Book: 3435 Page: 457 Page 36 of 50 (b) Limits or prevents Declarant, its successors, assigns and/or affiliates or their personnel from advertising, marketing or using the Master Association or its Common Elements or any property owned by any of them in promotional materials; (c) Limits or prevents new Owners from becoming members of the Master Association or enjoying full use of its Common Elements and Recreational Facilities, subject to the membership provisions of the Master Association Documents; (d) Impacts the ability of Declamnt, its successors, assigns and/or affiliates, to carry out to completion its development plans and related construction activities for Carolina Plantations, as such plans are expressed in the Master Plan, as such may be amended and updated from time to time. Policies, rules or procedures affecting the provisions of existing easements established by Declarant and limiting the establishment by Declarant of easements necessary to complete Carolina Plantations shall be expressly included in this provision. Easements that may be established by Declarant shall include but shall not be limited to easements for development, construction and landscaping activities and utilities; or (e) Impacts the ability of Declarant, its successors, assigns and/or affiliates to develop and conduct customer service programs and activities in a customary and reasonable manner. 14.7 Unimpeded Access. The Master Association shall not exercise its authority over the Common Elements (including, but not limited to, any gated entrances and other means of access to the Property) to interfere with the rights of Declarant set forth in this Declaration or to impede access to any portion of the Property over the streets and other Common Elements within the Property. ' 14.8 Additional Declarations/Restrictions. No Person shall record any declaration of covenants, conditions and restrictions, or declaration of condominium or similar instrument affecting any portion of the Property without Declarant's review and written consent during the Development Period. Any attempted recordation without such consent shall result in such instrument being void and of no force and effect unless subsequently approved by recorded consent signed by Declarant. 14.9 Governmental Interests. During the Development Period, Declarant may designate sites within the Property for fire, police and utility facilities, and parks, and other public facilities in accordance with the Master Plan and applicable laws. The sites may include Common Elements if otherwise permitted by the Master Plan. Article 15. ComDliance and Enforcement 15.1 General Remedies. Every Owner and any occupant of any Lot shall comply with the Association Documents, including without limitation the provisions of this Declaration, and the Act. Failure to comply shall he grounds for an action by the Master 32 Book: 3435 Page: 457 Page 37 of 50 Association to recover sums due, for damages, injunctive relief or any other remedy available at law and equity or under the Act. • 15.2 Enforcement/Sanctions' The Board, or such other Master Association agent with the Board's approval, may impose sanctions for violations of Association Documents after notice and a hearing in accordance with the procedures set forth in the Declaration' Such' sanctions may include, without limitation: (a) Imposing reasonable monetary fines which shall constitute a lien upon the Lot of the violator; (b) Suspending an Owners right to vote; ,. ,(c) Suspending any Person's right to use any Recreational Facilities within the Common Elements; provided, however, nothing herein shall authorize the Board to limit ingress or egress to,or from the Lot; (d) Suspending any services provided by the Master Association to an Owner or the Owner's Lot if the Owner is more than thirty (30) days delinquent in paying any assessment or other charge owed to the Master Association; and (e) Levying Benefited Assessments to cover costs incurred in bringing a Lot into compliance in accordance with Section 10.7. .. 15.3 . Self -Help Remedies. The Board, or, such other Master Association agent with the Board's approval, may elect to enforce any provision of the Association Documents by self-help (specifically including, but not limited to, the towing of vehicles that are in violation of parking rules and regulations in accordance with any applicable ordinance(s) of Onslow County, North Carolina) or by, suit at law on in equity to.enjoin any violation onto recover monetary damages or both without the necessity of compliance with the procedures set forth in . Section 15.7 or in the Bylaws. r _ t 15.4 Cumulative Remedies. The Master Association shall have all powers and remedies under the Act and the Association Documents which shall be cumulative of any remedies available at law or in equity. 15.5 Master Association's Right Not to Take Action. The Master Association. shall not be obligated to pursue enforcement action in any particular case, such decisions to be within the discretion of the Board, except that the Board shall not be arbitrary or capricious in taking enforcement action. Without limiting the generality of the foregoing, the Board may determine that, under the circumstances of a particular case: (a) the Master Association's position is not strong enough to justify taking any or.further action; or (b) the covenant, restriction or rule being enforced is; or is likely to be construed as; inconsistent with applicable law; or (c) although a technical violation may exist or may have occurred, it is not of such a material nature as to be objectionable to a reasonable person orjustify expending Master Association funds; or, (d) it is not in the best interest of the Master Association, based upon hardship, expense or other reasonable criteria, to pursue enforcement action. Such a decision shall not be construed a waiver of the right of the Master Association to enforce such covenant, restriction, rule or provision at a later time under other circumstances or preclude the Master Association from enforcing any othercovenant, restriction, rule or provision, nor shall it preclude any Owner from taking action at law or in equity to enforce the Master Association Documents. 15.6 Enforcement by Owner. Nothing set forth in this Article 15 shall prevent any aggrieved Owner from instituting any available remedy in law or in equity for a violation of the Association Documents. 15.7 1{earinx Procedures. Except as may be otherwise specifically authorized by the Association Documents, and permitted by the Association Documents, the Board shall not O impose a fine or penalty, (ii) undenake permitted remedial action, or (iii) suspend voting or infringe upon other rights of a Member or other occupant of a Lot or Unit for violations of the Association Documents, or for assessments or other amounts due and owing to the Association remaining unpaid for a period of thirty (30) days, or longer, unless and until the following procedure is completed: (a) Notice. The Board, or an adjudicatory panel appointed by the Board, shall serve the Responsible Person. The "Responsible Person" shall be any Member, Owner, or occupant of a Lot or Unit with a written notice of a hearing to be held by the Board of the Master Association in executive session or an adjudicatory panel appointed by the Board; provided, however, any adjudicatory panel appointed by the Board shall be composed of members of the Master Association who are not officers of the Master Association or members of the Board. The notice shall contain: (i) the nature of the alleged violation; (ii) the time and place of the hearing, which shall not be less than ten (10) days from the giving of the notice; (iii) an invitation to attend the meeting and produce any statement, evidence and witness on his or her behalf, and (iv) the proposed sanction to be imposed. The notice prescribed herein may be served by mailing a copy of said notice to the alleged violator by placing said notice in the United States mail, postageprepaid, by any method as permitted for the service of summons as set forth in Rule 4 of the North Carolina Rules of Civil Procedure or by the delivery of said notice by an officer, director or agent of the Master Association to the Responsible Person or to any person who may be served on the Responsible Person's behalf as provided in said Rule 4. (b) Renting. The hearing shall be held in executive session of the Board or an adjudicatory panel appointed by the Board pursuant to the notice affording the member a reasonable opportunity to be heard. Any adjudicatury panel appointed by the Board shall be composed of Members who are not officers of the Master Association or members of the Board. Prior to the effectiveness of any sanction hereunder, proof of notice and the invitation to be heard shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of deliver, is entered by the officer, director, or agent who delivered such notice. The notice requirement shall be deemed satisfied if 34 Book: 3435 Page: 457 Page 39 of 50 the Responsible Person appears at the meeting. The minutes of the meeting shall cbmain'a written statement of the results of the hearing and the'sanction, if any, imposed.' In addition; a written statement of the results of the hearing and the sanction, if any, imposed shall be mailed by the United States mail, postage prepaid, by the Master Association to the violator. . ' (c)'Aoceal. If the hearing is held before an adjudicatory panel, following such hearing and notice of a decision adverse to the violator, the Responsible Person shall have the right to appeal the decision to the Board. To perfect this right,'a written notice of appeal must be received by the managing agent of the Master Association, President or Secretary of the Master A§sociation within fifteen (15j days after the date of the'deckion, said written notice to 1. contain information by which the Board may notify the Responsible Person of the date of the appeal hearing. If no adjudicatory panel is appointed by the Board, no right of appeal shall*exist. (d) Sanction as Assessment: Pursuani to the provisions of this Section, a fine may be imposed by the Master Association is'in amount not exceeding One Hundred and No/100-Dollars ($100.00) (or any greater"amount as may be provided otherwise bylaw or the Act) per'violation of the Association Document's ind'without further hearing, for each day more than live (5) days after the decision to impose such fine that the violation occurs. Any such fine shall be an assessmeni ai set forth in this Declaration and the Act. 'If it is decided pursuant to the provisions of this Section that a suspension of privileges or services should be imposed, the suspension may be continued without further hearing until the violation or delinquency is cured. Article 16. General Provisions. 16.1 I=. This Declaration shall run with and bind the Property, and shall inure to the benefit of and shall be enforceable by the Master Association or any Owner, their respective legal representatives, heirs, successors, end assigns, -distil the planned community Carolina Plantations is terminated pursuant to the Act. ,16.2 Amendment. (a) .By Declarant. During the Development Period, Declarant may unilaterally amend this Declaration for any purpose. 711ereaftey Declarant may unilaterally amend this Declaration if such amendment is: (i) necessary to bring any provision into compliance with any applicable governmental statutes, role, regulation, orjudicial detemrination; (ii) necessary to enable any reputable title insurance company,to issue title insurance coverage on the Lots; (iii) required by an institutional or governmental lender or purchaser of Mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable it to make or purchase Mortgage loans on the Lots; (iv) necessary to enable any governmental agency or reputable private insurance company to - guarantee or insure Mortgage loans on the Lots; or otherwise necessary to satisfy the requirements of any.govemmcmal agency for approval of this Declaration. However, any such amendment shall not adversely affect the title to any Lot unless the affected Owner shall consent thereto in writing. , 35 Book: 3435 Page: 457 Page 40 of 50 (b) By Owners. Except as otherwise specifically provided in this Declaration, this Declaration may be amended only by the affirmative vote or written consent, or any combination thereof, of Owners representing sixty-seven percent (67%) of the total votes in the Master Association. During the Development Period, the Declarant's written consent shall be required for any amendment to the Declaration. Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less then the prescribed percentage of affirmative votes required for action to be taken under that clause. (c) Validity and Effective Date of Amendments. Amendments to this Declaration shall become effective upon recordation in the Register of Deeds unless a later effective date is specified therein. In no event shall a change of conditions or circumstances operate to amend any provisions of this Declaration. If an Owner consents to any amendment to this Declaration or the Bylaws, it will be conclusively presumed that such Owner has the authority so to consent, and no contrary provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment. 16.3 Termination. The Carolina Plantations planned development may only be terminated: (i) in accordance with the provision of N.C.G.S. § 47F-2-118, and (ii) during the Development Period, with the written consent of the Declarant. 16.4 Litigation. (a) Except as provided in Section 16.4(b) below, no judicial or administrative proceeding shall be commenced or prosecuted by the Master Association unless approved by sixty-seven percent (67%) of the votes in the Master Association and the consent of Declarant during the Development Period. This Section shall not apply, however, to: (a) actions brought by the Master Association to enforce the provisions of the Association Documents (including, without limitation, the foreclosure of liens); (b) the imposition and collection of assessments as provided in Article 10; (c) proceedings involving challenges to gW valorem taxation; or (d) counterclaims brought by the Master Association in proceedings instituted against it. This Section shall not be amended unless such amendment is approved by the percentage of votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. (b) No judicial, quasi-judicial, administrative or governmental proceeding shall be commenced or prosecuted by the Master Association against or involving Declarant unless approved by seventy-five percent (75%) of the votes in the Master Association. 16.5 Severability. Invalidation of any provision of this Declaration, in whole or in part, or any application of a provision of this Declaration by judgment or court order shall in no way affect other provisions or applications. 36 Book: 3435 Page: 457 Page 41 of 50 16.6 Use of the Words "Carolina Plantations". No Person shall use the words "Carolina Plantations" or any derivative, or any other term which Declarant may select as the time of this development or any componeht thereof, in any printed or promotional material without Declamnt's prior written consent. However, Owners may use the words "Carolina Plantations" in printed or promotional matter solely to specify that a particular property ii located within the Property, and the Master Association shall be entitled to use the words "Carolina Plantations" in its' name. 16.7 Notice of Sale or Transfer of Title. Any Owner desUing to sell or otherwise transfer title to his or her Lot shall give the Board at least seven (7) days prior written notice of the name andaddress of the purchaser or transferee; the date of such transfer of title, and such other information as the Board iney reasonably require: Th"e transferor shall continue to be jointly and severally responsible with the transferee for all obligations Hof the Owner of tlie'' Lot, including assessment obligations, until the date upon which such noticeis received by the Board, notwithstanding thetransfer of title. The Master Association may require the payment of a reasonable administration or registration fee by the transferee. 16.8 Attomevs' Pees. In the event of an action instituted to enforce any of the provisions contained in the Association Documents, the party prevailing in such action shall be entitled to recover from the other party thereto as part of thejudgment, all costs, including without limitation, reasonable attorneys' fees and costs, and administrative and lien fees. In the event the Association is a prevailing party in such action, the amount of such attorneys' fees and costs shall be a Benefited Assessment with respect to the Lot(s) involved in the action. IN WITNESS W EREOF, the undersigned Declarant has executed this Declaration under seal ti Fday ofJuly, 2010. , CAROLINA PLANTATION DEVELOPMENT CORPORATION (SEAL) A North Caro ' a corporation , By. Vv nthony W. Sydes. Pre [dent (Notary certification,on the following page] 37 Book: 3435 Page: 457 Page 42 of 50 No S'I'ATF OF NORTH RO INA COUNTY OF um _ I certify that the following person personally appeared before me this day, acknowledging to me that he or she signed the foregoing document for the purpose(s) stated therein and, if other than in an iddividual capacity, in the capacity indicated having been first authorized to do so: Anthony W. Sydes, President of Carolina P1apta4Qn Development Corporation., Dale: V t VV �010 (Official Seal) ,.111111111//// ......... ZZ '�'••/p 1collNspsv tary seal or smmn must anne 090621.00003 ND: 4942-3907-0021, v. 7 Notary's printed or typed name My commission expires: ar within this box. Book: 3435 Page: 457 Page 43 of 50 EXHIBIT A That tract or parcel of land lying and being situate in Onslow County, North Carolina, and being more particularly shown and described on the map entitled "CROWN PARK SECTION AT CAROLINA PLANTATIONS A PLANNED RESIDENTIAL DEVELOPMENT" recorded in Map Book 80, Page 88 in the office of the Register of Deeds of Onslow County, North Carolina. EXHIBIT B Allocated Built Upon Areae Community .Lot k Maximum Buijt Upon Area Crown Park SectioF—I 41 3,500 Crown Park Section 1 42 3Y500 Crown Park SectioW I - 31500 Crown Park Section -] 44 3,500 Crown Park Section1,590 rown Park Section 1 46 3,500 Crown Park Section 1 47 1,5po Crown a ection -Crown Park Section 1 49 3,500 Crown Park Section.] 50 3,500, Crown Park Section I ' 51 3,500 Crown Park Section-- - 3,500 Crown Park Section 1 53 3,500 Crown Park Section 3,500 Crown Park Section 1 55 3,500 Crown Park Section 1 :5r— 3,500 Crown Park Scction—F-3:500' Crown Park Section 3.500 Crown Park Section I ' • 3,500 Crown Park Section 1 60 3,500 Crown Park Section rown Park Section • 3,500 Crown Park Section 63 3,500 Crow Park Section 13,500 Crown Park Section-1 65 1,500 Crown Park Section-1 .66 3,500 Book: 3435 Page: 457 Page 45 of 50 EXHIBIT C Portion of Optional Additional Property All that certain tractor parcel of land lying and being situate in - Jacksonville Township, Onslow County, North Carolina, and being more particularly described as follows' A certain tract of land on the North side of Ramsey Road; NCSR 1324„ - 60 foot Rightof-Way, at the intersection.with Carolina Forest Boulevard 80 foot Right-oEWay and being more particularly' described as follows: Commencing at a PK Nail found at the approximate centetline.J intersection of Ramsey Road and Carolina Forest Boulevard; thence with the centerline of Ramsey Road, North 49 degrees 03 minutes 54 seconds West, 1337.20 feet to a PK nail found; thence leavingsgid centerline, North 02 degrees 25 minutes 31 seconds West, 40.64, feet to an iron stake found on the Northern Right -of -Way Line of Ramsey Road, the Southwest comer of the Anthony W. Sydes Property as' recorded in Deed Book 2149, Page 44; the TRUE POINT OF BEGINNING; THENCE from said point of beginning and leaving said Right Lof-Way Line and with the Western Lines *of said pioperl' North, 58 degrees 45 minutes 21 seconds East, 70.40 feet to a point; thence North 55 degrees 58 minutes 06 seconds East, 140.92 feet to an iron , stake found; thence North 61 degrees 06 minutes 29 seconds East, 143.98 feet to an iron stake found; thence North 63 degrees 49 minutes 40 seconds East, 237.10 feet to an iron stake found; thence North 6Z- degrees 59 minutes 34 seconds East,,270.25 feet to point; thence North 65 degrees 46 minutes 28 secondsEast, 78.70 feet to an iron stake found; [hence North 52 degrees05 minutes 42 seconds East, 63.43 feet to an iron stake found; thence North 40 degrees 18 minutes I t seconds East, 127.67 feet to a point; thence North 39 degrees 01 minutes 02 seconds East, 463.09 feet to an iron stake found; thence North 37 degrees 39 minutes 38 seconds East, 61.73 feet to an iron stake found; thence North 22 degrees 21 minutes 32 seconds East, 74.84 feet to an iron stake found; thence North 17 degrees 50 minutes 51 seconds East, 358.08 feet to an iron stake found; thence North 15 degrees 30 minutes 37 seconds East, 84.26 feet to an iron stake found; thence North 03 degrees 34 minutes 21 seconds West, 50.41 feet to an iron stake found; thence North 27 degrees 09 minutes 40 seconds West, 38.19 feet to a point; thence leaving said Western Lines, North 62 degrees 39 minutes 06 seconds East, 150.18 feet to a point; thence Book: 3435 Page: 457 Page 46 of 50 North 55 degrees 34 minutes 06 seconds East 57.67 feet to a point; thence South 85 degrees 04 minutes 07 seconds East, 35.23 feet to a point; thence North 55 degrees 29 minutes 45 seconds East, 65.74 feet to a point; thence North 72 degrees 32 minutes 50 seconds Fast, 49.14 feet to a point; thence North 60 degrees 06 minutes 04 seconds Fast, 50.33. feet to a point; thence North 47 degrees 08 minutes 38 seconds East, 32.87 feet to an iron stake set; thence North 09 degrees 04 minutes 55 seconds East, 47.06 feet to a point; thence North 21 degrees 54 minutes 23 seconds East, 45.07 feet to a point; thence North 30 degrees 41 minutes 34 seconds East,.107.60 feet to an iron stake set; thence North 56 degrees 28 minutes 23 seconds Fast, 87.55 feet to an iron stake set; thence North 41 degrees 35 minutes 19 seconds East, 56.49 feet to an iron stake set; thence South 85 degrees 07 minutes 22 seconds East, 27.68 feet to an iron stake set; thence North 42 degrees 29 minutes 15 seconds East, 120.27 feet to an iron'stake set; thence North 17, degrees 56 minutes 23 seconds Fast, 53.35 feet to an iron stake set; thence North 86 degrees 30 minutes 34 seconds East, 346.41 feet to an iron stake set; thence South 60 degrees 02 minutes 07 seconds Fast, 705.96 feet to an iron stake set; thence South 06 degrees 44 minutes 17 seconds West, 346.38 feet to an iron stake set; thence South 09 degrees 31 minutes 16 seconds West, 238.54 feet to an iron stake set; thence South 53 degrees 48 minutes 14 seconds East, 127.52 feet to a point; thence South 45 degrees 50 minutes 57 seconds East, 37.12 feet to a point; thence South 40 degrees 19 minutes 02 seconds East, 135.21 feet to a point; thence South 38 degrees 25 minutes 45 seconds East, 61.41 feet to a point; thence South I 1 degrees 01 minutes 05 seconds East, 50.0 feet to a point; thence South 78 degrees 58 minutes 55 seconds West, 12:26 feet to a point; thence South I I degrees 01 minutes 05 seconds East 150:0 feet to a point; thence South 78 degrees 58 minutes 55 seconds West, 595.37 feet to a point; thence South 03 degrees 26 minutes 19 seconds West, 26.15 feet to a point; thence South 42 degrees 12 minutes 28 seconds West, 691.85 feel to a point; thence South 01 degrees 28 ininutes 20 seconds West, 125.69 feet to a point; thence South 19 degrees 18 minutes 59 seconds West, 186.76 feet to a point; thence South 56 degrees 47 minutes 44 seconds West, 413.91 feet to a point; thence South 37 degrees 12 minutes 37 seconds West, 160.90 feet to a point; thence South 82 degrees 04 minutes 08 seconds West, IS1.77 feet to a point; thence South 10 degrees 22 minutes 30 seconds West, 634.01 feet to a point on the Northern Right -of --Way Line of Ramsey Road; thence with said Right -of --Way Line, North 68 degrees 02 minutes 44 seconds West, 64.57 feet to a point; thence North 64 degrees 25 minutes 30 seconds West, 58,12 feet to a point; thence North 61 degrees 08 minutes 57 seconds West, 71.85 feet to a point; thence North 55 degrees 45 minutes 43 seconds West, 72.61 feet to a point; thence North 52 degrees 16 minutes I I seconds West, 52.60 feet to a point: thence North 49 degrees 58 minutes 15 seconds West, 55.02 feet to a Book: 3435 Page: 457 Page 47 of 50 point; thence North 49 degrees V minutes 36 seconds West,'867.47 feet to a point thence North'49'degrees 00 minutes'03 seconds West, 537.0 feet to a point, thence North 48 degrees 35 minutes 14 seconds West, 86.35 feet the point and place of beginning. The described tract contains 108.05 acres, more or less, and being a portion of that property as recorded in Deed•Book 2149, Page 44, and that property as recorded in Deed Book 2347, Page 851. ' Less and excepbfrom the above described tract that property being described as follows:' Commencing at the Northwest comerof the above described tract, said point being on the,Westem Line of the aforementioned Sydes Tract as recorded in Deed Book 2149, Page 44; thence.with said Western lines, South 27 degrees 09 minutes 40 seconds East, 38.19feet to an iron stake found; thence South 03 degrees 34 minutes 21 seconds East, 50.41 feet to an iron stake found; thence South 15 degrees 36 minutes 37 seconds West, 84.26 feet to an iron.stake f rund;dhence leaving said Western Lines, North 85 degrees 32 minutes 12 seconds East, 106.23 feet to a point; the TRUE POINT OF BEGINNING; THENCE from. said point of beginning, North 65 degrees 07 minutes 29 seconds East, 208.58 feet to a point; thence South 36 degrees 27 minutes 38 seconds East, 507.23 feet to a point; thence. South 40, degrees 23: minutes 24 seconds West, 46.17 feet to a point; thence along the arc of a.curve having a radius of 470.0 feet and curving to the right, 48.71 feet (Chord South 43, degrees 21 minutes 34 seconds West, 48.69 feet) to a point; thence South 46. degrees 19 minutes 43 seconds West, 230.01 feet to a point; thence North 52 degrees 07 minutes 55 seconds West, 241.02 feet to a point; thence North 37 degrees 52 minutes 05 seconds Fast; 47.54 feet to a point; thence along the arc of a.curve having a radius of 25.0 feet and curving to the right, 21.03 feet (Chord North.61. degrees 57 minutes 47 seconds East, 20.41 feet) to a•point; thence along the are of a curve having a radius ofi50.0 feet and curving to the left, 171.61 feet (Chord North 12 degrees 15 minutes 58 seconds West, 98.95 feet) to a point; thence North 20 degrees 35 minutes 23 seconds West, 275.44 feet to the point and place of beginning. The described exception tract contains 3.70 acres, more or less, and . being a portion of that property as recorded in Deed Book 2149, Page 44. All courses are referenced to GPS Grid North, NAD'83, 2607 adjustment. This description being prepared by Parker and Associates, Inc. from surveyed and computed information. , Book: 3435 Page: 457 Page 48 of 50 CONSENTOF LIENHOLDER Anthony W. Sydes, ("Lender") is the holder of the beneficial interest under that certain deed of trust dated March 10, 2010 given by Declarant for the use and benefit of Lender, covering all or portions of the Crown Park Property, and recorded on March 10, 2010, in Book 3370, at Page 812 in the office of the Register of Deeds of Onslow County, North Carolina. WASLA W, LCC is the trustee under said deed of trust ("Trustee"). Lender and Trustee herebyjoin in the execution of this Declaration to consent to the terms hereof, and to all restrictions, covenants, terms, easements, obligations and other matters set forth in this Declaration, as the same may hereafter be amended, modified, supplemented, or changed. IN TESTJMONY WHEREOF, the parties have properly executed and sealed this Declaration, this theI day of July, 2010. "/,EAL) nihony W. Sydes STATE OF NOC COUNTY OF Ij1 WA I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document for the purpose(s) stated therein, in the capacity indicated therein: Anthony W. Sydes. /—,\ ' Date: 0 fv /O (Qfficial Seal? 'N e<. .. t OuiNN��44 apTAq� •. pI/BL\C, :boa' Notaryseal or stamp must app of Notary L )17Pal►r)rl Notary's printed or type name My commission expires: ' DI ear within this box. Book: 3435 Page: 457 Page 49 of 50 WASLAW, LLC (SEAL) By: Ward and Smith, P.A. (SEAL) ' Meinber/Mana 6r tt By. (SEAL) Vice President STATE OF nit><try CwYot dti . COUNTY OF S 10C+.1 I certify that the following person personally appeared before me this day, acknowledging to me that he/she signed the foregoing document for the purpose(s) stated therein, in the capacity indicated therein: C.N Pnae Sr . Date: 't)Riaa,o �.�aLQa'rdl_ Signature of Notary Pu lie --ben.nnw AA. Cooxlnad Notary's printed or typed name Mvdommissionezoires" 3111,,,W .r;C.E1VED G � AJE.CX JUN 17 2011 a(3 BY: IIIIIIIINIf'1NIIlNI�iN�IIIIINNf11NfNIINIII��iN�IIINI�II Recorded: 06011, 994420006 �OatTite1aC04 At Fee Amt: $28.00 Paget of B 0nslow County NC Rebecca L. Poilerd Req. of Deeds BK3605 PD752-757 SUPPLF,MENTAL DECLARATION OF CAROLINA PLANTATIONS (Great Neck, Section 11-B) This SUPPLEMENTAL DECLARATION OF CAROLINA PLANTATIONS (the "Supplemental Declaration') made and entered into the:S_�day of_M T!, 2011, by CAROLINA PLANTATION DEVELOPMENT CORPORATION, a North Carolina corporation (hereinafter "Declarant"). WITNESSETH: WHEREAS, Declarant caused to be recorded that certain Declaration of Carolina Plantations, a Planned Development, in Book 3435, at Page 457, in the office of the Register of Deeds of Onslow County, as amended and supplemented, (the "Declaration'). The capitalized terns set forth in this Supplemental Declaration shall have the same meanings as set forth in the Declaration unless otherwise defined herein or the context shall otherwise prohibit; and WHEREAS, pursuant to Section 9.1 of the Declaration, during the Development Period, Declarant may unilaterally subject additional real property to the Declaration by filing a Supplemental Declaration in the office of the Register of Deeds; and WHEREAS, Declarant is the owner in fee simple of the real property described in Exhibit A, which is attached hereto and incorporated herein by reference ("Great Neck, Section II-13"); and Prepared by WAADAND SMITH, P.A., 1001 College Court (28562), Post Office Box 867, New Bern, NC 28563-0867 Please return to WARD AND SmrrK P.A., 1001 College Court (28562), Post Office Box 867, New Bern, NC 28563-0867 Attention: C. 11. Pope, Jr. WI IEREAS, pursuant to Section 9.1 of the Declaration, Declarant desires to annex Great Neck, Section 11-13 into the Carolina Plantations Development and subject it to the provisions of the Declaration and thejurisdiction of the Master Association. NOW, THEREFORE, Declarant, exercising its right to annex additional real property pursuant to the provisions of Section 9.1 of the Declaration and in accordance with the provisions of Chapter 471' of the General Statutes of North Carolina, does hereby declare that: I . All of Great Ncck, Section 11-B shall be held, sold, used and conveyed subject to the Declaration and all easements, restrictions, covenants, conditions and benefits described therein, including without Iimiunion all of the easements described in Article 13 of the Declaration and all of the Declarant's Rights described in Article 14 of the Declaration; and further, that Great Neck, Section 11-B is hereby subjected to thejurisdiction of the Master Association and all of the other Association Documents; and 2. Consistent with Section 8.6(e) of the Declaration and North Carolina Stormwater Management Permit No. S W8 100714, which is hereby expressly included in the defined term "Permit" in the Declaration, the maximum allowable built -upon area for each Lot in Great Neck, Section 11-B is described on Exhibit B attached hereto and incorporated herein by reference. IN TESTIMONY WHEREOF, Declarant has caused this Supplemental Declaration to he executed in such form as to be binding, all by authority duly given, this the day and year first above written. CAROLINA PLANTATION DEVELOPMENT C0121'OIZ a North Carolina corpor tion By: Anthony 0. Sydes, Pr sident STATE OF NORTFI CAROLINA COUNTY OF 0115I 0 W certify that the following person personally appeared before me this clay, acknowledging to me that he signed the foregoing document for the purpose(s) stated therein, in the capacity indicated therein: Anthony W. Svdcs. Date: I I 'Ab Notary's printed or ty My commission expires (Official Seal) Zz zz ci nUi3�\G �f//)04iU CO;�NO Notary seal or stamp must appear within this box. O80621-00003 ND: 484C-1157-5817, v. 1 M� EXHIBIT A That tract or parcel of land lying and being situate in Onslow County, North Carolina, and being more particularly shown and described on the map entitled "GREAT NECK, SECTION II-B AT CAROLINA PLANfATiONS A PLANNED RESIDENTIAL DEVELOPMENT," said map being recorded in Map Book 62, Pages 46-46A, in the office of the Register of Deeds of Onslow County, North Carolina, EXHIBIT B Maximum Allowable Built-Ur)on Areas Commtmi Lot # Maximum Built-U on Area Pt Great Neck, Section II-B 142 4,500 Great Neck, Section ll-B 143 4,500 Great Neck, Section I I-B 144 4,500 Great Neck, Section 11-B 145 4,500 Great Neck, Section 11-13 146 4,500 Great Neck, Section 11-B 147 4,500 Great Neck, Section It-B 148 4,500 Great Neck, Section I I-B 149 4,500 Great Neck, Section 11-13 150 4,500 Great Neck, Section 11-B 151 4,500 Great Neck, Section 11-B 152 4,500 Great Neck, Section 11-B 153 4.500 Great Neck, Section II-B 154 4,500 Great Neck, Section 11-B 155 4,500 Great Neck, Section 11-B 156 4,500 Great Neck, Section II-B 157 4,500 Great Neck, Section 11-B 158 4,500 Great Neck. Section 11-B 159 4,500 Great Neck, Section 11-B 160 4,500 Great Neck, Section ILB 161 4,500 Great Neck, Section 11-B 162 4,500 Great Neck, Section tt-B 163 4,500 Great Neck, Section 11-B 164 4.500 Great Neck, Section I I-B 165 4.500 Great Neck, Section 11-B 200 4,500 Great Neck, Section ti-B 201 4,500 Great Neck, Section II-B 202 4,500 Great Neck, Section 11-13 203 4,500 Great Neck, Section 11-B 204 4,500 Great Neck, Section lI-B 205 4,500 Great Neck, Section 11-B 206 4,500 Great Neck, Section 11-13 207 4,500 Great Neck, Section 11-B 208 4,500 Great Neck, Section 11-B 209 4,500 Great Neck. Section 11-B 210 4,500 Great Neck, Section 11-13 211 4,500 Great Neck, Section 11-B 212 4,500 Great Neck, Section II-B 213 4,500 Great Neck, Section 11-B 214 4,500 COmlttunit Lot 0 Maximum Built-U on Area ft Great Neck, Section II-B 215 4,500 Great Neck, Section 11-B > 216 4.500 Great Neck, Section 11-B 217 4,500 Great Neck, Section 11-B 218 4,500 Great Neck, Section 11-B 219 4,500 Great Neck, Section 11-B 220 4,500 Great Neck, Section II -B 2121 4,500 Great Neck, Section 11-B 222 4,500 Great Neck, Section Il-B 223 4,500 Great Neck, Section Il-B 224 4,500 Great Neck, Section 11-B 225 4,500 Great Neck, Section 11-B 226 4,500 Great Neck, Section 11-B 227 4,500 Great Neck, Section 11-B 228 4,500 Great Neck, Section 11-B 229 4,500 Great Neck, Section 11-B 230 4,500 Great Neck, Section 11-B 231 4,500 IIIII�IIIHI�I�IIIIIIHJIIIIIII8111111u�lIIIIIIiI�HHIHiIHII Doc ID: 006994430004 Type: CRP Recorded: 06/09/2011 at 11:18:39 Fee Amt: $23.00 Page 1 of 4 Onslow Count9 NC Rebecca L. Pollard Reg. of Deeds EIK3605 PD758-761 SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GREAT NECK AT CAROLINA PLANTATIONS (Great Neck, Section II-B) This SUPPLEMENTAL. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GREAT NECK AT CAROLINA PLANTATIONS (the "Supplemental Declaration") made and entered into theN-6fiday of , 201 I, by CAROLINA PLANTATION DEVELOPMENT CORPORATION, a North Carolina corporation (hereinafter "Declarant"). WITNESSF:'TH: WHEREAS, Declarant caused to be recorded that certain Declaration of Covenants, Conditions and Restrictions for Great Neck at Carolina Plantations in Book 3486, at Page 24, in the office of the Register of Deeds of Onslow County (the "Declaration"). The capitalized terms set forth in this Supplemental Declaration shall have the same meanings as set forth in the Declaration unless otherwise defined herein or the context shall otherwise prohibit; and WHEREAS, pursuant to Section 9.1 of the Declaration, during the Development Period Declarant may unilaterally subject additional real property to the Declaration by filing a Supplemental Declaration in the office of the Register of Deeds; and WIIEREAS, Declarant is the owner in fee simple of the real property described in Exhibit A, which is attached hereto and incorporated herein by reference ("Section f1-13"); and Prepared by WARD AND Sam L P.A., 1001 College Court (28562), Post Office Box 867, New Bern, NC 28563-0867 Please return to WARD AND SMrrH,P.A., 1001 College Court (28562), Post Office Box 867, New Bern, NC 28563-0867 Attention: C. 1-1. Pope, Jr. WHEREAS, pursuant to Section 9.1 of the Declaration, Declarant desires to annex Section Il-B into the Great Neck at Carolina Plantations development and subject it to the provisions of the Declaration and the jurisdiction of the Great Neck Association. NOW,'I'I-IEREFORE, Declarant, exercising its right to annex additional real property pursuant to the provisions of" Section 9.1 of the Declaration and in accordance with the provisions of Chapter 47F of the General Statutes of North Carolina, does hereby declare that all of Section II-B shall be held, sold, used and conveyed subject to the Declaration and all easements, restrictions, covenants, conditions and benefits described therein, including without limitation all of the casements described in Article 13 of the Declaration and all of the Declarant's Rights described in Article 15 of the Declaration; and further, that Section 11-13 is hereby subjected to the jurisdiction of the Great Neck Association and all of the other Association Documents. IN TESTIMONY WHEREOF, Declarant has caused this Supplemental Declaration to be executed in such form as to be binding, all my authority duly given, this the day and year rust above written. CAROLINA PLANTATION DEVELOPMENT CORPORAPI, a North Carolina corporation, By:. ). -t.� Ant mry W. Sy es, Presider STATF OF NORTH C'�R•�OL_ IN�4 COUNTY OF _0J ^:5 L" I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document for the purpose(s) stated therein, in the capacity indicated therein: Anthony W. Sydes. Date: J l ill Sibhatnre of Notary fAblrc �eQNihr) Notary's printed or ty cd name z My commission expires: 0 J<� (O/Iicial Seal uurrri P, OU7y�i���'' �aOTAAY ear within this box. O80621-00003 ND: 4830-1754-3689, v. I EXHIBIT "A" Those tracts or parcels of land lying and being situate in Onslow County, North Carolina, and being more particularly shown and described inclusively as Lots 142 through 165 and Lots 200 through 231, on the map entitled "GREAT NECK, SECTION tl-B AT CAROLINA PLANTATIONS A PLANNED RESIDENTIAL DEVELOPMENT," said map being recorded in Map Book 62, Pages 46-46A, in the office of the Register of Deeds of Onslow County, North Carolina. PARKER & ASSOCIATES, INC. Consulting Engineers - Land Surveyors - Land Planners 306 New Bridge Street + P.O. Box 976 RCi Jacksonville, NC 28541-0976 N (910) 455-2414 + Fax: (910) 455-3441 Firm License Number F-0108 V N 17 2011 LETTER OF TRANSMITTAL TO: Jo Casmer, Administrative Assistant IV NCDENR - DWQ 127 Cardinal Drive Extension Wilmington, NC 28405 WE ARE SENDING YOU: fig Horiz R DATE: June 16, 201 1 REF: Great Neck, Section 11-B at Carolina Plantations Recorded Covenants One (1) copy of the Recorded Supplemental Declaration of Carolina Plantations (Book 3605 Pages 752-757) and One (1) copy of the Recorded Supplemental Declaration of Covenants, Conditions and Restrictions for Great Neck at Carolina Plantations (Great Neck, Section 11-B) (Book 3605 Pages 758-761). DELIVERY VIA: ❑O Regular Mail ❑ Hand ❑ ❑ UPS Overnight ❑ UPS Ground ❑ THESE ARE TRANSMITTED AS CHECKED BELOW: Federal E.vpress Other ❑ For Approval ❑O AN Requested ❑ For Review and Comment O For Your U.. e ❑ For Bids Due ❑ Other COMMENTS: Copies To: Anthony W. Sydes (L.O.T. only) Administrative Assistant C.H. Pope, Esq. (L.O.T. only) /avk CF (P), JWP (if enclosures are not as noted, kindly notify us at once) c I /A V K/1.OT.CasmerGrc:u Neck II D_SuppDeo.(6.16. 11) EMAIL ADDRESS: TEXT MESSAGES TO: paitext(a),bizec.rr.com MAPS AND PLANS TO: naidraftfa�bizec.rr.com ♦ ENVIRONMENTAL ENGINEERING ♦ STORMWATER, WATER AND WASTEWATER SYSTEMS 4 FEASIBILITY AND DEVELOPMENT CONSULTING ♦ GLOBAL POSITIONING SURVEYS ♦ SUBDIVISION AND CONSTRUCTION PLANS Doc 10: 008670870005 Type: CRP Recorded: 01/25/2011 at 02:21:48 PM Fee Amt: $26.00 Page 1 of 5 Onsloa County NC Rebecca L. Pollard Reg. of Deeds 6K3542 Pa510-514 �Wz 1 r0 I'll ILl (�AOAV Neck aA ro b<. 2 7 2011 SUPPLEMENTAL DECLARATION OF CAROLINA PLANTATIONS (Great Neck, Section 11-A) This SUPPLEMENTAL DECLARATION OF CAROLINA PLANTATIONS (the "Supplemental Declaration") made and entered into the tW day of { ♦ 2011, by CAROLINA PLANTATION DEVELOPMENT CORPORATION, a North Carolina corporation (hereinafter "Declarant"). WITNESSETH: WHEREAS, Declarant caused to be recorded that certain Declaration of Carolina Plantations, a Planned Development, in Book 3435, at Page 457, in the office of the Register of Deeds of Onslow County, as amended and supplemented, (the "Declaration"). The capitalized terns set forth in this Supplemental Declaration shall have the same meanings as set forth in the Declaration unless otherwise defined herein or the context shall otherwise prohibit; and WI IER EAS, pursuant to Section 9.1 of the Declaration, during the Development Period, Declarant may unilaterally subject additional real property to the Declaration by filing a Supplemental Declaration in the office of the Register of Deeds, and WHEREAS, Declarant is the owner in fee simple of the real properly described in Exhibit A, which is attached hereto and incorporated herein by reference ("Great Neck, Section II -A"); and Prepared by WARD AND SMITH, P.A., 1001 College Court (28562), Post Office Box 867, New Bern, NC 28563-0867 Please return to WARD AND SMITH, P.A., 1001 College Court (28562), Post Office Box 867, New Beni, NC 28563-0867 Attention: C. 11. Pope, Jr. WHEREAS, pursuant to Scction 9.1 of the Declaration. Declarant desires to annex Great. Neck, Section II -A into the Carolina Plantations Development and subject it to the provisions of the Declaration and the jurisdiction of the Master Association. NOW, THEREFORE, Declarant, exercising its right to annex additional real properly pursuant to the provisions of Section 9.1 of the Declaration and in accordance with the provisions of Chapter 47F of the General Statutes of North Carolina, does hereby declare that: All of Great Neck, Section 11-A shall be held, sold, used and conveyed subject to the Declaration and all easements, restrictions, covenants, conditions and benefits described therein, including without limitation all of the casements described in Article 13 of the Declaration and all of the Declarant's Rights described in Article 14 of the Declaration; and further, that Great Neck, Section If -A is hereby subjected to the jurisdiction of the Master Association and all of the other Association Documents; and 2. Consistent with Section 3.6(c) of the Declaration, the maximum allowable built -upon area for each Lot in Great Neck, Section 11-A is described on Exhibit B attached hereto and incorporated herein by reference. IN TESTIMONY WHEREOF, Declarant has caused this Supplemental Declaration to be executed in such form as to be binding, all by authority duly given, this the day and year first above written. CAROLINA PLANTATION DEVELOPMENT CORPZnthony AT N, a North Carolina corpora By: _ � > 'ydes, Pi dent STATE OF NORTH CAROUN'A COUNTY OF jIQVN 1 certify that the following person personally appeared before me this (lay, acknowlalging to me that he signal the foregoing document for the purpose(s) stated therein, in the capacity indicated therein: Anthony W. Sydes. Date: alb I of Notary Notary's printed My commission expires (Official Seal) r�TAp y' Notary seal or stamp must appear within this box. 080621.00003 ND: 4847-2387-6872, v. I t ft"1 140 name EXHIBIT A That: tract or parcel of land lying and being situate in Onslow County, North Carolina, and being more particularly shown and described on the map entitled "GREAT NECK, SECTION 11-A AT CAROLINA PLANTATIONS A PLANNED RESIDENTIAL DEVELOPMENT," said map being recorded in Map Book 61, Pages 92-92A, in the office of the Register of Deeds of Onslow County, North Carolina. EX141BIT B Maximum Allowable Built -Upon Areas Courmuuity Lot # Maximum Built -Upon Area (ft ) Great Neck, Section 11-A 166 4,500 Great Neck, Section 11-A 167 4,500 Great Neck, Section II -A 168 4,500 Great Neck, Section 11-A 169 4,500 Great Neck, Section 11-A 170 4.500 Great Neck, Section lI-A _ 171 4,500 Grua Neck, Section 11-A 172 _ 4,500 Great Neck, Section 11-A 173 4,500 Great Neck, Section 11-A 174 4,500 Great Neck, Section II -A 175 4,500 Great Neck, Section 11-A 176 4,500 Great Neck, Section 11-A 177 4,500 Great Neck, Section 11-A 178 4,500 Great Neck, Section II -A 179 4,500 Great Neck, Section Il-A 180 4,500 Great Neck, Section II -A 181 4,500 Great Neck, Section 11-A 182 4,500 Great Neck, Section li-A 183 4,500 Great Neck, Section 1I-A 184 4,500 Great Neck, Section 11-A 185 4,500 Great Neck, Section II -A 186 4,500 Great Neck, Section II -A 187 _ 4,500 Great Neck, Section 11-A 188 _ �4,500 Great Neck, Section 11-A 189 4,500 Great Neck, Section lI-A 190 4,500 Great Neck, Section 14-A 191 4,500 Great Neck, Section 11-A 192 4,500 Great Neck, Section 11-A 193 4,500 Great Neck, Section 11-A 194 4,500 Neck, Section II -A 195 4,500 _Great Great Neck, Section 11-A l96 4,500 Great Neck, Section li-A 197 4„500 Great Neck, Section II -A _ 198 4,500 Great Neck, Section 11-A 199 4,500 I�IIIIIIIIIII�III�IIIIIIillllll�llllillilllllllllllllllllil�ll�lll�llll ��Erv� Recorded: 001/26/201.atT02e24C49 PM J Fee Amt: $26.00 Page 1 of 6 AN 2 7 ZO11 Onslou County NC Rebecca L. Poilerd Reg. of Deeds By; BK3542 PG519-523 �-- SUPPLEMENTAL DECLARATION OF CAROLINA PLANTATIONS (Regal Hill) This SUPPLEMENTAL DECLARATION OF CAROLINA PLANTATIONS (the "Supplemental Declaration") made and entered into the a4- day of J?�', 2011, by CAROLINA PLANTATION DEVELOPMENT CORPORATION, a North Carolina corporation (hereinafter "Declarant"). WITNESSETH: WHEREAS, Declarant caused to be recorded that certain Declaration of Carolina Plantations, a Planned Development, in Book 3435, at Page 457, in the office of the Register of Deeds of Onslow County (as amended and supplemented, the "Declaration"). The capitalized terms set forth in this Supplemental Declaration shall have the same meanings as set forth in the Declaration unless otherwise defined herein or the context shall otherwise prohibit; and WHEREAS, pursuant to Section 9.1 of the Declaration, during the Development Period, Declarant may unilaterally subject additional real property to the Declaration by filing a Supplemental Declaration in the office of the Register of Deeds; and WHEREAS, Declarant is the owner in fee simple of the real property described in Exhibit A which is attached hereto and incorporated herein by reference ('Regal Hill"); and WHEREAS, pursuant to Section 9.1 of the Declaration, Declarant desires to annex Regal Hill into the Carolina Plantations Development and subject it to the provisions of the Declaration and the jurisdiction of the Master Association. Prepared by WARD AND Smnii, P.A., 1001 College Court (28562), Post Office Box 867, New Bern, NC 28563-0867 Please return to WARD AND SMTH, P.A., 1001 College Court (28562), Post Office Box 867, New Bern, NC 28563-0867 Attention: C. H. Pope, Jr. NOW, THEREFORE, Declarant, exercising its right to annex additional real property pursuant to the provisions of Section 9.1 of the Declaration and in accordance with the provisions of Chapter 47F of the General Statutes of North Carolina, does hereby declare that: 1. All of Regal Hill shall be held, sold, used and conveyed subject to the Declaration and all easements, restrictions, covenants, conditions and benefits described therein, including without limitation all of the easements described in Article 13 of the Declaration and all of the Declarant's Rights described in Article 14 of the Declaration; and further, that Regal Hill is hereby subjected to the jurisdiction of the Master Association and all of the other Association Documents; and 2. Consistent with Section 8.6(e) of the Declaration, the maximum allowable built -upon area for each Lot in Regal Hill is described on Exhibit B attached hereto and incorporated herein by reference. IN TESTIMONY WHEREOF, Declarant has caused this Supplemental Declaration to be executed in such form as to be binding, all by authority duly given, this the day and year first above written. CAROLINA PLANTATION DEVELOPMENT CORPORATION, a North Carolina corporation By: a, Anthony W. Sy , President STATE OF NOR 'H CAROLINA COUNTY OF C)hsIaw I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document for the purpose(s) stated therein, in the capacity indicated therein: Anthony W. Sydes. Date: ofNolary Notary's printed or My commission expires: Notary seal or stamp must appear within this box. O80621-00003 ND:4830-4727-3224,v. 1 name I I,+ -0 EXHIBIT A That tract or parcel of land lying and being situate in Onslow County, North Carolina, and being more particularly shown and described on the map entitled "REGAL HILL AT CAROLINA PLANTATIONS A PLANNED RESIDENTIAL DEVELOPMENT," said map being recorded in Map Book 61, Page 91, in the office of the Register of Deeds of Onslow County, North Carolina. EXHIBIT B Maximum Allowable Built -Upon Areas Co munitv Lot # Maximum Built-U on Area ft Regal Hill 247 3,500 Regal Hill 248 3,500 Regal Hill 249 3,500 Regal Hill 250 3,500 Regal Hill 251 3,500 Regal Hill 252 3,500 Regal Hill 253 3,500 Regal Hill 254 3,500 Regal Hill 255 3,500 Regal Hill 256 3,500 Regal Hill 257 3,500 Regal Hill 258 3,500 Regal Hill 259 3,500 Regal Hill 260 3,500 Regal Hill 261 3,500 Regal Hill 262 3,500 Regal Hill 263 3,500 Regal Hill 264 3,500' Regal Hill 265 3,500 Regal Hill 266 3,500 Regal Hill 267 3,500 Regal Hill 268 3,500 Regal Hill 269 3,500 Regal Hill 270 3,500 Regal Hill 271 3,500 Regal Hill 272 3,500 . Regal Hill 273 3,500 Regal Hill 274 3,500 Doc ID: 008670910054 TVPe: CRP Recorded: 01/25/2011 at 02:26:37 PM Fee Amt: $173.00 Page 1 of 54 Onalow County HC Rebecca L. Pollard Reg. of Deeds SK3542 P0524-577 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR REGAL HILL AT CAROLINA PLANTATIONS Prepared by Ward and Smith, P.A., 1001 College Court, New Bern, NC 28562 Please return to Ward and Smith, P.A., 1001 College Court, New Bern, NC 28562 0 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR REGAL HILL AT CAROLINA PLANTATIONS Table of Contents Article 1: Definitions................................................................... 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 Act........................................................................................... Articles..................................................................................... Assessment............................................................................. Association Documents............................................................ Benefited Assessment.............................................................. Board of Directors or Board ..................................................... Builderr..................................................................................... Business and Trade.................................................................. Bylaws..................................................................................... Common Expenses................................................................... Community -Wide Standard...................................................... Covenant to Share Costs........................................................... Declarant.................................................................................. Declaration............................................................................... Development Period................................................................. DwellingUnit.......................................................................... Landscaping............................................................................. Lot........................................................................................... Master Association................................................................... Master Declaration................................................................... Member................................................................................... Mortgage.................................................................................. Mortgagee................................................................................ Owner...................................................................................... Permit...................................................................................... Person...................................................................................... Project...................................................................................... RecordedPlat........................................................................... Regal Hill Association............................................................. Regal Mill Common Elements .................................................. Regal Hill Limited Common Elements ..................................... RegalHill Property.................................................................. Register of Deeds..................................................................... Stormwater Management Facilities .......................................... Supplemental Declaration........................................................ Upkeep..................................................................................... UseRestrictions....................................................................... UtilityCompany....................................................................... Article 2: Regal Hill Property Rights.........................................................................................6 2.1 Regal Hill Common Elements.....................................................................................6 Article 3: Regal Hill Association Function, Membership and Voting Rights .............................. 6 3.1 Function of Regal Hill Association.............................................................................. 6 3.2 Membership................................................................................................................6 3.3 Voting.........................................................................................................................7 Article 4: Regal Hill Association Rights, Obligations and Services ............................................ 7 4.1 Personal Property and Real Property 1'or Common Use ................................................ 7 4.2 Implied Rights; Board Authority................................................................................. 7 4.3 Dedication of Regal Hill Common Elements...............................................................7 4.4 Disclaimer of Liability................................................................................................7 4.5 Provision of Services................................................................................................... 8 4.6 Change of Use of Regal Hill Common Elements......................................................... 9 4.7 View Impairment........................................................................................................9 4.8 Relationship with Tax -Exempt Organizations.............................................................. 9 4.9 Lakes, Ponds, and Other Water Features..................................................................... 9 4.10 No Partition............................................................................................................... 10 Article5: Maintenance............................................................................................................ 10 5.1 Regal Hill Association's Responsibility..................................................................... 10 5.2 Owner's Responsibility.............................................................................................. 10 5.3 Standard of Performance........................................................................................... 11 Article 6: Insurance and Casualty Losses................................................................................. I 1 6.1 Authority to Purchase - Notice.................................................................................. 11 6.2 Association Insurance............................................................................................... 11 6.3 Separate Insurance on Lots........................................................................................ I I Article 7: Conservation Areas.................................................................................................. 12 Article 8: Master Association.................................................................................................. 12 8.1 Master Association.................................................................................................... 12 8.2 Administration by Master Association... ............................................... .................... 12 8.3 Delegation of Powers................................................................................................ 13 8.4 Master Declaration.................................................................................................... 13 Article 9: Annexation and Withdrawal of Regal Hill Property ................................................. 13 9.1 Annexation Without Approval of Membership.......................................................... 13 9.2 Withdrawal of Regal Hill Property.... ........................................................................ 13 9.1 Additional Covenants and Easements........................................................................ 14 ii 9.4 Amendment.................................................................... 9.5 Additional Members........................................................ Article 10: Assessments...................................................... 10.1 Creation of Assessments ................................................. 10.2 Declarant's Obligation for Assessments ..................... I..... 10.3 Builders Obligations for Assessments ............................. 10.4 Computation of Annual Assessment ................................ 10.5 Reserve Budget and Special Reserve Assessment............ 10.6 Benefited Assessments.................................................... 10.7 Date of Commencement of Assessments ......................... 10.8 Lien for Assessments...................................................... 10.9 Acceleration.................................................................... 10.10 Failure to Assess............................................................. 10.11 Exempt Regal Hill Property ............................................ Article 11: Architectural and Design Standards ...................... ................................... 14 ................................... 14 .......... ... I....................... 14 ..................................... 14 ..................................... 15 ........... I .......... I .............. 16 .....................................16 .......................... I.......... 17 ..................................... 17 ..................................... 17 ..................................... 17 ..................................... 18 ................. I................... 18 .....................................18 .........I .................. 19 11.1 General.....................................................................................................................19 11.2 Architectural and Design Review.............................................................................. 19 11.3 Architectural Restrictions.......................................................................................... 20 11.4 Guidelines and Procedures........................................................................................23 11.5 Submission of Plans and Specifications..................................................................... 23 11.6 No Waiver of Future Approvals................................................................................ 24 11.7 Variances..................................................................................................................24 11.8 Limitation of Liability............................................................................................... 24 11.9 Enforcement..............................................................................................................25 Article 12: Plan of Development and Use Restrictions............................................................ 26 12.1 Plan of Development: Applicability: Effect............................................................... 26 12.2 Authority to Promulgate Rules.................................................................................. 26 12.3 Owners' Acknowledgment......................................................................................... 26 12.4 Use Restrictions........................................................................................................ 27 12.5 Rights of Owners...................................................................................................... 27 12.6 Rights Regarding Flags............................................................................................. 28 Article 13: Easements ..................... 28 13.1 Easements of Encroachment...................................................................................... 28 13.2 Easements for Utilities, Access, Subdivision, Drainage.............................................28 13.3 Easement and Right to Dedicate Public Rights of Way and Utility Easements........... 29 13.4 Easements to Serve Additional Property.................................................................... 29 13.5 Development and Other Easements........................................................................... 29 13.6 Easements for Cross-Drainage.................................................................................. 29 13.7 Right of Entry ...........................................................................................................29 13.8 Easements for Maintenance and Enforcement........................................................... 30 iii 13.9 Sign Easements......................................................................................................... 30 13.10 Regal Hill Property Benefited................................................................................... 30 13.11 Declarant Easements Assignable............................................................................... 31 13.12 Rights to Stormwater Runoff, Irrigation Water, and Water Reclamation .................... 31 Article 14: Mortgage Provisions............................................................................................. 31 14.1 Notices of Action......................................................................................................31 14.2 No Priority................................................................................................................31 14.3 Notice to Regal Hill Association............................................................................... 32 Article 15: Declarant's Rights................................................................................................. 32 15.1 Declarant's Rights .................................................... .... ......... ...................... I............. 32 15.2 Transfer of Declarant's Rights................................................................................... 32 15.3 Modification of Development Plan............................................................................ 33 15.4 Development Easements.......................................................................I................... 33 15.5 Marketing and Sales.................................................................................................. 33 15.6 Declarant Approval to Changes in Association Documents ....................................... 34 15.7 Unimpeded Access.................................................................................................... 34 15.8 Additional Declarations/Restrictions.........................................................................34 15.9 Governmental Interests............................................................................................. 34 Article 16: Compliance and Enforcement................................................................................ 35 16.1 General Remedies.....................................................................................................35 16.2 Enforcement/Sanctions..............................................................................................35 16.3 Self -Help Remedies.................................................................................................. 35 16.4 Cumulative Remedies/Attorneys' Fees...................................................................... 35 16.5 Regal Hill Association's Right Not to Take Action .................................................... 36 16.6 Enforcement by Owner............................................................................................. 36 16.7 Hearing Procedures................................................................................................... 36 Article 17: General Provisions................................................................................................ 38 17.1 Term......................................................................................................................... 38 17.2 Amendment.............................................................................................................. 38 17.3 Termination ............................................................................................................. 39 17.4 Litigation.................................................................................................................. 39 17.5 Severability...............................................................................................................39 17.6 Use of the Words...................................................................................................... 39 17.7 Notice of Sale or Transfer of Title............................................................................. 39 17.8 Attorneys' Fees.......................................................................................................... 40 EXHIBIT A - Property EXHIBIT B - Initial Use Restrictions EXHIBIT C - Portion of Optional Additional Property iv DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR REGAL HILL AT CAROLINA PLANTATIONS THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR REGAL HILL AT CAROLINA ]PLANTATIONS ("Declaration") is made this _ day of January, 2011, by CAROLINA PLANTATION DEVELOPMENT CORPORATION, a North Carolina corporation (herein referred to as the "Declarant"); ANTHONY W. SYDES, ("Lender"); and ALL PROSPECTIVE PURCHASERS AND OWNERS of real property within the planned community generally known as 'REGAL I4ILL AT CAROLINA PLANTATIONS." WHEREAS, Declarant is the owner in fee simple of the real property described in Exhibit A. which is attached hereto and incorporated herein by reference, and desires to create a planned community pursuant to the provisions of Chapter 47F of the General Statutes of North Carolina (the "Act") and subject the Regal Hill Property (as defined in Article 1) to mutually beneficial restrictions under a general plan of improvement for the benefit of the owners of each portion of the property described on Exhibit A and any additional property Declarant elects to subject to this Declaration pursuant to the terms herein, and to and establish a flexible and reasonable procedure for the overall development, administration, maintenance and preservation of the Regal Hill Property; and, WHEREAS, Declarant hereby declares that all of the property described in Exhibit A and any additional property subjected to this Declaration by Supplemental Declaration (as defined in Article 1) shall be held, sold, used and conveyed subject to the Act and to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the desirability of, and which shall run with, the real property subjected to this Declaration. No real property other than the property described on Exhibit A is subject to this Declaration until explicitly made subject to this Declaration by Supplemental Declaration, and Declarant is not obligated to subject any additional property to this Declaration. This Declaration shall be binding on and shall inure to the benefit of all parties having any right, title, or interest in the property described in Exhibit A and any property subsequently made subject to this Declaration by Supplemental Declaration or any part thereof, their heirs, successors, successors -in -title, and assigns. Article 1. Definitions. The terms used in this Declaration shall generally be given their natural, commonly accepted definitions except as otherwise specified. Capitalized temis shall be defined as set forth below. 1.1 "Act": Chapter 47F of the General Statutes of North Carolina designated as the North Carolina Planned Community Act. 1.2 "Articles": The Articles of Incorporation of Regal Hill Owners Association, as filed with the North Carolina Secretary of State. 1.3 "Assessment": Assessments levied on all Lou to fund the Common Expenses. During the Development Period, no Assessment shall be imposed on Lots owned by the Declarant. 1.4 "Association Documents": Collectively the Articles of Incorporation of the Regal Hill Association. the Bylaws of the Regal Hill Association, this Declaration, any Supplemental Declaration as may be applicable to separate portions of the Regal Hill Property, the Rules and Regulations, and any resolutions adopted by the Board, all as may be amended, restated and revised from time to time. Any exhibit, schedule or amendment to an Association Document shall be considered a part of that document. 1.5 "Benefited Assessment": Assessments levied under Section 10.6. 1.6 'Board of Directors" or "Board": The body responsible for administration of the Regal Hill Association selected as provided in the Bylaws. 1.7 'Builder": Any Person designated by Declarant as a Builder who purchases one or more Lots for the purpose of constructing Dwelling Units for resale to consumers in the ordinary course of its business, or who purchases one or more parcels of land within the Regal Hill Property or Contiguous Property for further development and/or sale resale in the ordinary course of its business. 1.8 'Business and Trade": Shall be construed to have their ordinary, generally accepted meanings and shall include, without limitation, any occupation, work, or activity undertaken on an ongoing basis which involves the provision of goods or services to a Person other than the family of the producer of such goods or services and for which the producer receives a fee, compensation, or other form of consideration, regardless of whether: (a) such activity is engaged in full or part-time, (b) such activity is intended to or does generate a profit, or (c) a license is required. 1.9 'Bylaws": The Bylaws of the Regal Hill Association as they may be amended from time to time. 1.10 "Common Expenses": Any and all expenditures made by or financial liabilities and obligations of the Regal Hill Association, together with any allocations to reserves. 1.11 "Community -Wide Standard": The standard of conduct, upkeep, or other activity generally prevailing throughout the Regal Hill Property. The standard shall be established initially by Declarant thereafter shall be determined by the Board of Directors and the Reviewing Body (as described in Article 11). The standard may contain both objective and subjective elements, and may evolve and change as development progresses and as the needs and desires within the Regal Hill Property change. 1.12 "Covenant to Share Costs": Any declaration of easements and covenant to share costs executed by Declarant and recorded in the Register of Deeds which creates easements for the benefit of the Regal Hill Association and the present and future owners of the real property subject to the Declaration and which obligates the Regal Hill Association and such owners to share the costs of maintaining certain property described therein. 1.13 "Declarant": Carolina Plantation Development Corporation, a North Carolina corporation, or any successor, successor -in -title, or assignee thereof, who is designated as Declarant in a recorded instrument executed by the immediately preceding Declarant. There may be multiple Declarants in the event that the Declarant elects to assign a portion of the Declarant rights hereunder to another party. 1.14 "Declaration": This Declaration, including any exhibit, schedule or amendment thereto, and any Supplemental Declaration, all as may be amended, restated and revised from time to time. 1.15 "Development Period": The period ending on the earliest of (a) thirty (30) years from the date this Declaration is recorded in the Register of Deeds; provided, that if Declarant is delayed in the improvement and development of the Regal Hill Property as a result of sewer, water or building permit moratorium or other cause or event beyond Declarant's control, then the aforesaid period shall be extended for the length of the delay plus an additional two (2) years upon written notice to the Regal Hill Association of such extension; or (b) the date specified by Declarant(s) in a recorded instrument executed by all then current Declarants as to the property for which the executing party is the current Declarant that the Development Period is to terminate on that date so stated. 1.16 "Dwelling Unit": Any building or stricture or portion of a building or structure situated upon a Lot which is intended for use and occupancy as an attached or detached residence for a single family. 1.17 "Landscaping": Living plants, shrubs, trees, vegetation, ground coverings (including grass and sod) and appurtenant live/growing vegetative materials, straw, mulches, composting materials, pools (other than swimming pools), ornamental ponds, ornamental structures and any other living or non -living material or structure reasonably constituting a part of any or all of the foregoing installed upon a Lot. I.I 8 "Lot": A portion of the Regal Hill Property, whether improved or unimproved, other than Regal Hill Common Elements and property dedicated to the public, which may be independently owned and conveyed and which is separately identified on a Recorded Plat. The term shall refer to the land, if any, which is part of the Lot as well as any improvements thereon including but not limited to the Dwelling Unit. For all purposes set forth in the Association Documents, a Lot comes into existence upon the recordation in the Register of Deeds of the last to occur of: (i) a Recorded Plat or plat depicting said Lot or (ii) a Supplemental Declaration defining and subjecting the proposed Lot to this Declaration. Nothing herein obligates Declarant to subject any additional Lots to this Declaration. 1.19 "Master Association": Carolina Plantations Owners Association, a North Carolina nonprofit corporation, its successors and assigns. 1.20 "Master Declaration": Declaration of Carolina Plantations recorded in Book 3435, at Page 457, in the Register of Deeds, as amended and supplemented from time to time. L21 "Member": A Person having membership in the Regal Hill Association consistent with Section 3.2 of this Declaration. 1.22 "Mortgage": A mortgage, a deed of trust, a deed to secure debt, or any other form of security deed encumbering a Lot. 1.23 "Mortgagee": A beneficiary or holder of a Mortgage. 1.24 "Owner": One or more Persons who hold the record title to any Lot, except Persons holding an interest merely as security for the performance of an obligation in which case the equitable owner will be considered the Owner. 1.25 "Permit": North Carolina Stormwater Management Permit No. S W8100510 issued for the real property described in Exhibit A. and any additional North Carolina Stormwater Management Permits, applicable to the Regal Hill Property, and any amendments, additions or replacements thereof. 1.26 "Person": A natural person, corporation, limited liability company, partnership, trust, or any other legal entity. 1.27 "Project": The Regal Hill At Carolina Plantations development located on the Regal Hill Property. 1.28 'Recorded Plat": Any and all maps and plats recorded in the Register of Deeds depicting portions of the Regal Hill Property subject to this Declaration, including without limitation that certain map entitled 'REGAL HILL AT CAROLINA PLANTATIONS A PLANNED RESIDENTIAL DEVELOPMENT' recorded in Map Book 61 at Page 91 in the Register of Deeds. 1.29 'Regal Hill Association": Regal Hill Owners Association a North Carolina nonprofit corporation, its successors and assigns. 1.30 "Regal Hill Common Elements": All real and personal property in which the Regal Hill Association now or hereafter owns, leases or otherwise holds possessory or use rights for the common use and enjoyment of the Owners, including easements held by the Regal Hill Association for those purposes. The term shall also include any and all permits and other such intangible property held by the Regal Hill Association for the common use and benefit of the Owners. Notwithstanding this definition, Section 47F-3-1 12 of the Act, which requires certain membership approval and certain procedures to convey portions of common elements, shall apply only to those portions of the Regal Hill Common Elements included in real estate owned or leased by the Regal Hill Association other than Lots. 1.31 'Regal Hill Limited Common Elements": A portion of the Regal Hill Common Elements allocated by this Declaration or by operation of law for the exclusive use of one (1) or more but fewer than all of the Lots, if any. Regal Hill Limited Common Elements may also be shown on any Recorded Plat. 1.32 'Regal Hill Property": The real property described in Exhibit A, together With such additional property as is subjected to this Declaration in accordance with the provisions of Article 9 and excluding any real property withdrawn from the encumbrance of this Declarant in accordance with Article 9. 1.33 'Register of Deeds": The office of the Register of Deeds of Onslow County, North Carolina. 1.34 "Storntwater Management Facilities": All areas consisting of ditches and swales, retention ponds and other improvements which are constructed pursuant to, and regulated by, the Permit. 1.35 "Supplemental Declaration": An amendment or supplement to this Declaration filed pursuant to Article 9 which subjects additional property to this Declaration and identities the Regal Hill Common Elements within the additional property, if any, and/or imposes, expressly or by reference, additional restrictions and obligations on the land described therein. 1.36 "UpkecR": Care, inspection, maintenance, operation, repair, repainting, remodeling, restoration, improvement, renovation, alteration, replacement and reconstruction. 1.37 "Use Restrictions": The rules and use restrictions are more fully defined as set forth in Section 12. 1.38 "Utility Company": A public or private company or entity duly licensed and authorized by the North Carolina Utilities Commission to provide utility services within a specified franchise area and any entity providing utility services on behalf of body politic, municipality or other governmental body or entity. Article 2. Regal Hill Property Riehts. 2.1 dal Hill Common Elements: Every Owner shall have a right and nonexclusive easement, in common with all other Owners, of use. access, and enjoyment in and to the Regal Hill Common Elements, subject to: (a) The Association Documents and any other applicable covenants; (b) Any restrictions or limitations contained in any deed conveying such property to the Regal Hill Association; (c) All applicable provisions of the Act; (d) The right of the Declarant and Board to adopt rules, regulations or policies regulating the use and enjoyment of the Regal Hill Common Elements as described in Section 12.2 herein, including rules restricting use of the Regal Hill Common Elements; . (e) The right of the Declarant or Regal Hill Association to dedicate or transfer all or any part of the Regal Hill Common Elements to governmental entities pursuant to Section 4.3; (0 The right of the Declarant and Regal Hill Association to create, enter agreements with, grant easements to and transfer portions of the Regal Hill Common Elements to tax-exempt organizations under Section 4.8; Article 3. Regal Hill Association Function. Membership and Voting Rights. 3.1 Function of Regal Hill Association. The Regal Hill Association shall be the entity responsible for management, Upkeep, operation and control of the Regal Hill Common Elements. The Regal Hill Association shall be the primary entity responsible for enforcement of the Association Documents. The Regal Hill Association shall perform its functions in accordance with the Association Documents and North Carolina law. The Regal Hill Association shall have all powers reasonably necessary to perform its functions and obligations described in the Association Documents including, but not limited to, all powers set forth in N.C. Gen. Stat. Chapter 55A and the Act. 3.2 Membership. Every Owner shall be a Member of the Regal Hill Association. If a Lot is owned by more than one Person, all co -Owners shall be Members and share the privileges of such membership, subject to reasonable Board regulation, and the restrictions on voting set forth in Section 3.3 and in the Bylaws, and all such co -Owners shall be jointly and severally obligated to perform the responsibilities of Owners. The membership rights of an Owner which is a corporation, limited liability company, partnership or other legal entity may be exercised by any officer, director, manager, partner, or trustee, or by any other individual designated from time to time by the Owner in a written instrument provided to the Secretary of the Regal Hill Association. 0 3.3 Votin . All Owners shall have one (1) equal vote for each Lot in which they hold the interest required for membership under Section 3.2, provided, there shall be only one (1) vote per Lot. (a) Declarant may, by Supplemental Declaration, create additional classes of membership for the Owners of Lots within any additional property made subject to this Declaration, with such rights, privileges and obligations as may be specified in such Supplemental Declaration in recognition of the different character and intended use of the property subject to such Supplemental Declaration. (b) Except as otherwise specified in this Declaration or the Bylaws or as required by law, the vote for each Lot shall be exercised by the Owner. In any situation in which there is more than one Owner of a particular Lot, the vote for such Lot shall be exercised as such co -Owners determine among themselves and advise the Secretary of the Regal Hill Association in writing prior to any meeting. Absent such notice to the Regal Hill Association, the Lot vote shall be suspended if more than one Person seeks to exercise it. If the co -Owners are unable to agree on how the vote should be cast, it will be disregarded. Article 4. Regal Hill Association Rights. Obligations and Services. 4.1 Personal Property and Real Property for Common Use. The Regal Hill Association may acquire, hold, and dispose of tangible and intangible personal property and real property. Declarant may convey to the Regal Hill Association improved or unimproved real estate, personal property and leasehold and other property interests. Such property shall be accepted by the Regal Hill Association and thereafter shall be maintained as Regal Hill Common Elements by the Regal Hill Association at its expense for the benefit of its Members, subject to any restrictions set forth in the deed, including but not limited to restrictions governing the use of such property. 4.2 Implied Rights; Board Authority. The Regal Hill Association may exercise any right or privilege given to it expressly by the Association Documents or which may be reasonably implied from, or reasonably necessary to effectuate, any such right or privilege. Except as otherwise specifically provided in the Association Documents, or by law, all rights and powers of the Regal Hill Association may be exercised by the Board without a vote of the membership. 4.3 Dedication of Regal Hill Common Elements. During the Development Period, the Declarant, and thereafter the Regal Hill Association may dedicate or grant easements over portions of the Regal Hill Common Elements to any local, state, or federal governmental entity or any Utility Company. 4.4 Disclaimer of Liability. Notwithstanding anything contained herein or in the Association Documents or the Act, neither the Regal Hill Association, the Board, the Master Association, the management company of the Regal Hill Association, Declarant nor any successor Declarant(s) shall be liable or responsible for, or in any manner a guarantor or insurer of, the health, safety or welfare of any Owner or occupant of any Lot or any tenant, guest or invitee of any Owner or occupant or for any property of any such Persons. Each Owner and occupant of a Lot and each tenant, guest and invitee of any Owner or occupant shall assume all risks associated with the use and enjoyment of the Regal Hill Property. Neither the Regal Hill Association. the Board, the Master Association the management company of the Regal Hill Association. Declarant, nor any successor Declarant(s) shall be liable or responsible for any personal injury, illness or any other loss or damage caused by the presence or malfunction of utility lines or utility sub -stations adjacent to, near, over, or on the Regal Hill Property. Each Owner and occupant of a Lot and each family member, tenant, guest, and invitee of any Owner or occupant shall assume all risk of personal injury, illness, or other loss or damage arising from the presence of utility lines or utility sub -stations and further acknowledges that the Regal Hill Association, the Board, the management company of the Regal Hill Association, Declarant or any successor Declarant(s) have made no representations or warranties, nor has any Owner or occupant, or any family member, tenant, guest, or invitee of any Owner or occupant relied upon any representations or warranties, expressed or implied, relative to the condition or impact of utility lines or utility sub -stations. Each Owner (by virtue of his or her acceptance of title to his or her Lot) and each other Person having an interest in or lien upon, or making any use of, any portion of the Regal Hill Property (by virtue of accepting such interest or lien or making such use) shall be bound by this Section and shall be deemed to have waived any and all rights, claims, demands and causes of action against the Regal Hill Association, the management company of the Regal Hill Association, if any, the Master Association, Declarant and any successor Declarant(s), their directors, officers, committee and Board members, employees, agents, contractors, subcontractors, successors and assigns arising from or connected with any matter for which the liability has been disclaimed. 4.5 Provision of Services. The Regal Hill Association may, but is not obligated to, provide services and facilities for the Members of the Regal Hill Association and their guests, lessees and invitees. The Regal Hill Association shall be authorized to enter into contracts or other similar agreements with other entities, including Declarant, to provide such services and facilities. The costs of services and facilities provided by the Regal Hill Association may be funded by the Regal Hill Association as a Common Expense. In addition, the Board shall be authorized to charge additional use and consumption fees for services and facilities. By way of example, some services and facilities which may be provided include landscape maintenance, pest control service, cable television service, security, caretaker, fire protection, utilities, and similar services and facilities. The Board, subject to the terms of the contracts for facilities or services, but without the consent of the Members of the Regal Hill Association, shall be permitted to modify or cancel existing services or facilities provided, if any, or to provide additional services and facilities. Nothing contained herein can be relied upon as a representation as to what services and facilities, if any, will be provided by the Regal Hill Association. This paragraph shall be specifically construed to allow the Regal Hill Association to enter into a contract for the overall management of the Regal Hill Association with any individual or corporation. The Regal Hill Association or its managing agent shall also be permitted to provide services to any Owners where it deems it to be in the interest of the Regal Hill Association to do so. 4.6 Change of Use of Regal Hill Common Elements. Upon (a) adoption of a resolution by the Board stating that, in the Board's opinion, a service provided by the Regal Hill Association pursuant to Section 4.5 or the then present use of a designated part of the Regal Hill Common Elements is no longer in the best interest of the Owners or is no longer necessary or appropriate for the purposes intended, and (b) the consent of Declarant during the Development Period, the Board shall have the power and right to terminate such service or change the use of any Regal Hill Common Elements (and, in connection therewith, construct, reconstruct, alter or change the buildings, structures and improvements thereon in any manner deemed necessary by the Board to accommodate the new use), provided that any such new use (i) shall be for the benefit of the Owners, and (ii) shall be consistent with any deed restrictions and zoning regulations restricting or limiting the use of the Regal Hill Common Elements. 4.7 View Impairment. Neither Declarant nor the Regal Hill Association guarantees or represents that any view over and across any property, including any Lot, from adjacent Lots will be preserved without impairment. Any express or implied easements for view purposes or for the passage of light and air are hereby expressly disclaimed. 4.8 Relationshiu with Tax -Exempt Organizations. During the Development Period, the Declarant, and thereafter the Regal Hill Association may create, enter into agreements or contracts with, grant exclusive and/or non-exclusive easements over the Regal Hill Common Elements to, or transfer portions of the Regal Hill Common Elements to non- profit, tax-exempt organizations, including but not limited to organizations that provide facilities or services designed to meet the physical or social needs of a particular group or class of persons, for the benefit of the Regal Hill Property, the Regal Hill Association, its Members and residents. The Regal Hill Association may contribute money, real or personal property or services to any such entity. Any such contribution shall be a Common Expense of the Regal Hill Association and included as a line item in the Regal Hill Association's annual budget. For the purposes of this Section, a "tax-exempt organization' shall mean an entity which is exempt from federal income taxes under the Internal Revenue Code ("Code"), such as but not limited to entities which are exempt from federal income taxes under Sections 501(c)(3) or 501(c)(4), as the Code may be amended from time to time. 4.9 Lakes. Ponds, and Other Water Features. To the extent that any lakes, ponds or other water features are included on the Regal Hill Property, neither the Declarant, the Master Association, the Regal Hill Association, nor any of their successors, assigns, officers, directors, committee members, employees, management agents, contractors or subcontractors shall be liable or responsible for maintaining or assuring the water quality or level in any lake, pond, canal, creek, stream, waterfall, water feature, or other water body adjacent to or within the Regal Hill Property, except as such responsibility may be specifically imposed by an applicable governmental or quasi -governmental agency or authority. Furthermore, all Owners and other users of any portion of the Regal Hill Property located adjacent to or having a view of any of the aforesaid water bodies shall be deemed, by virtue of their acceptance of a deed to, or use of, such portion of the Regal Hill Property, to have agreed to hold harmless all of the parties listed above for nay and all changes in the quality and level of the water I such water bodies. 4.10 No Partition. Except as permitted in this Declaration, the Regal Hill Common Elements shall remain undivided, and no Person shall bring any action for partition of the whole or any part thereof without the written consent of all Owners and Mortgagees. Article 5. Maintenance. 5.1 Regal Hill Association's Responsibility. The Regal Hill Association shall provide Upkeep for the Regal Hill Common Elements, which may include without limitation all Landscaping, signage, and other improvements upon the Regal Hill Common Elements. The Regal Hill Common Elements may also include any additional property included within the Regal Hill Common Elements as may be dictated by this Declaration, any Supplemental Declaration; any Covenant to Share Costs, any Recorded Plat of any portion of the Regal Hill Property, or any contract or agreement for maintenance thereof entered into by the Regal Hill Association. The Regal Hill Association may also maintain and improve other property which it does not own, including, without limitation, property dedicated to public use, if the Board determines that such maintenance is necessary or desirable to maintain the Community -Wide Standard and if otherwise permitted by applicable law. Except as otherwise specifically provided herein, all costs for Upkeep of the Regal Hill Common Elements shall be a Common Expense allocated among all Lots as part of an Assessment, without prejudice to the right of the Regal Hill Association to seek reimbursement from the Persons responsible for, such work pursuant to this Declaration, other recorded covenants, or agreements with such Persons. 5.2 Owner's Responsibility. Each Owner shall provide for the Upkeep of his or her Lot (with the exception of those areas designated as common maintenance responsibility on the Recorded Plats), and his or her Dwelling Unit, and all other structures, parking areas, Landscaping, and other improvements upon the Lot in a manner consistent with the Community - Wide Standard and all applicable covenants, unless such responsibility for Upkeep is otherwise assumed by or assigned to the Regal Hill Association pursuant to any Supplemental Declaration or other declaration of covenants applicable to such Lot. In addition to any other enforcement rights, if an Owner fails properly to perform his or her Upkeep responsibility, the Regal Hill Association may perform such work for Upkeep and assess all costs incurred by the Regal Hill Association against the Lot and the Owner in accordance with Section 10.6. The Regal Hill Association shall afford the Owner reasonable notice and an opportunity to cure the problem prior to entry, except when entry is required due to an emergency situation. t0 5.3 Standard of Performance. All Upkeep shall be performed in a manner consistent with the Community -Wide Standard and all applicable covenants, as determined by the Board. Upkeep may include irrigation as the Board may determine necessary or appropriate to satisfy the Community -Wide Standard. Portions of the Regal Hill Property are environmentally sensitive and/or may provide greater aesthetic value than other portions of the Regal Hill Property. The Board may establish a higher Community -Wide Standard for such areas and require additional Upkeep for such areas to reflect the nature of such property. Notwithstanding anything to the contrary contained herein, neither the Regal Hill Association, nor any Owner shall be liable for property damage or personal injury occurring on, or arising out of the condition of, property which it does not own unless and only to the extent that it has been negligent in the performance of its maintenance responsibilities. Article 6. Insurance and Casualty Losses. 6.1 Authority to Purchase - Notice. The Board shall have the power on behalf of the Regal Hill Association to (1) purchase insurance policies relating to the Regal Hill Common Elements, (2) adjust all claims arising under such policies and (3) execute and deliver releases upon payment of claims. The cost of any and all insurance policies purchased by the Board relating to the Regal Hill Common Elements shall be a Common Expense. The Board, the managing agent and the Declarant shall not be liable for failure to obtain any coverages described in this Article for any reason whatsoever. Exclusive authority to negotiate losses under such policies shall be vested in the Board or with its authorized representative. The Board shall promptly notify the members of material adverse changes in, or termination of, insurance coverages obtained on behalf of the Regal Hill Association. 6.2 Association Insurance. The Regal Hill Association shall maintain insurance coverage as required by § 47F-3-113 of the Act. 6.3 Separate Insurance on Lots. Each Owner shall have the right, if such Owner so chooses, to obtain insurance for such Owner's benefit, at such Owner's expense, covering the improvements located on such Owners Lot. No Owner shall acquire or maintain insurance coverage on the Regal Hill Common Elements insured by the Regal Hill Association so as: (i) to decrease the amount which the Board may realize under any insurance policy maintained by the Board; (ii) to cause any insurance coverage maintained by the Board to be brought into contribution with insurance coverage obtained by an Owner; or (iii) in violation of any declaration of covenants encumbering such Owner's Lot. No Owner shall obtain separate insurance policies on the Regal Hill Common Elements owned by the Regal Hill Association. 11 Article 7. Conservation Areas. Any areas depicted as conservation areas, or wetlands conservation areas on the Recorded Plats shall be maintained in perpetuity in their natural or mitigated condition. No person or entity shall perform any of the following activities on such conservation areas: (1) Fill, grade, excavate, or perform any other land -disturbing activities; (2) Cut, mow, burn, remove, or harm any vegetation; (3) Construct or place any roads, trails, walkways, buildings, mobile homes, signs, utility poles, or towers, or any other permanent or temporary structures; (4) Drain or otherwise disrupt or alter the hydrology or drainage ways of the conservation areas; (5) Dump or store soil, trash, or other waste; (6) Graze or water animals, or use for any agricultural or horticultural purpose. 'these covenants are intended to ensure continued compliance with the mitigation condition of a Clean Water Act authorization issued by the United States of America, U.S. Army Corps of Engineers, Wilmington District, Action ID #SWA-200802353 and, therefore, may be enforced by the United States of America. These covenants run with the land, and shall be binding on the Owners and all parties claiming under it, and no amendment to the covenants described in this Article 7 shall be valid without the execution and recording of an amendment upon the authorization and approval of the United States of America, U.S. Army Corps of Engineers, Wilmington District, or a successor regulatory agency or authority. Article 8. Master Association. 8.1 Master Association. The Owner or Owners of each Lot shall automatically be members of the Master Association upon his, their or its acquisition of an ownership interest to any Lot. The membership of such Owner or Owners shall terminate automatically upon such Owner or Owners being divested of such ownership interest in such Lot. 8.2 Administration by Master Association. The Master Association, subject to the provisions of the Act, shall have the authority and power to enforce the provisions of the Master Declaration, to levy and collect assessments in the manner provided therein, to adopt, promulgate and enforce such rules and regulations governing the use of the Common Elements of the Master Association, and to exercise such other powers as set forth in the Master Declaration and the Act. 12 8.3 Delegation of Powers. The Board of the Regal Hill Association may delegate to the Master Association, from time to time as the Board in its discretion determines, those powers set forth in this Declaration and the Act that may be exercised by the Board of Directors of the Regal Hill Association. The Board of the Association may thereafter revoke such delegation, from time to time, in its sole discretion and resume the obligation and responsibility for the performance of such acts and powers formerly delegated to the Master Association. Upon the delegation of any such powers as may be permitted in this Section, all provisions of N.C. Gen. Stat. § 47F-2-120, as may be applicable, shall apply. 8.4 Master Declaration. The Owner or Owners of each Lot, and all Persons entitled to use and occupy such Lot, shall be subject to and shall abide by all provisions of the Master Declaration. Article9. Annexation and Withdrawal of Regal Hill Property. 9.1 Annexation Without Approval of Membership. (a) During the Development Period, Declarant may, but is not obligated to, unilaterally subject any real property to the provisions of this Declaration, including without limitation any of the real property described on Exhibit C. Nothing in this Declaration or otherwise shall be construed to require Declarant, or any successor, to develop any additional real property in any manner whatsoever. Nothing in this Declaration or otherwise shall be construed to encumber any real property other than the real property described on Exhibit A unless and until any additional property is made subject to this Declaration by Declarant, as evidenced by an executed and recorded Supplemental Declaration. (b) Declarant may transfer or assign this right to annex property absolutely in its entirety, or with regard to specific property, and may assign this right to one (1) or more parties as deemed appropriate by Declarant. (c) Such annexation shall be accomplished by filing a Supplemental Declaration in the Register of Deeds describing the property to be annexed and specifically subjecting it to the terms of this Declaration. Such Supplemental Declaration shall require the consent of the owner of such property, if other than Declarant. Any such annexation shall be effective upon the recording of such Supplemental Declaration in the Register of Deeds unless otherwise provided therein. 9.2 Withdrawal of Regal Hill Property. Declarant reserves the right to amend this Declaration without prior notice and without the consent of any Person, for the purpose of removing property then owned by Declarant, its affiliates, or the Regal Hill Association from the coverage of this Declaration. Furthermore, Declarant may withdraw any real property from the coverage of this Declaration without prior notice and without consent of any Person other than the Owner of the withdrawn property, but with the written consent of the fee simple owner of the real property to be withdrawn. 13 9.3 Additional Covenants and Easements. Declarant may unilaterally subject any portion of the Regal Hill Property subject to this Declaration to additional covenants and easements, including covenants obligating the Regal Hill Association to maintain and insure such property on behalf of the Owners. Such additional covenants and easements shall be set forth in a Supplemental Declaration filed either concurrently with or after the annexation of the subject property and shall require the written consent of the owner(s) of such property, if other than Declarant. 9.4 Amendment. During the Development Period, this Article shall not be amended without the prior written consent of Declarant. 9.5 Additional Members. Any property tnade subject to this Declaration pursuant to the provisions of this Article 9 shall be subject to all conditions and privileges of the Association Documents and Owners of any such annexed property shall be members of the Regal Hill Association. Article 10. Assessments. 10.1 Creation of Assessments. Subject to the limitations described in Sections 10.2 and 10.3, the Regal Hill Association shall levy assessments against each Lot for Common Expenses as the Board may specifically authorize from time to time. There shall be two (2) types of assessments for Regal Hill Association expenses: (a) Assessments to fund Common Expenses for the general benefit of all Lots; and (b) Benefited Assessments as described in Section 10.6. Each Owner, by accepting a deed or entering into a recorded contract of sale for any Lot within any portion of the Regal Hill Property is deemed to covenant and agree to pay those assessments. (a) All assessments, together with interest from the due date of such assessment at a rate determined by the Regal Hill Association (not to exceed the highest rate allowed by North Carolina law), late charges, costs, including lien fees and administrative costs, and reasonable attorneys' fees, shall be a charge and continuing lien upon each Lot against which the assessment is levied until paid, as more particularly provided in Section 10.8. Each such assessment, together with interest, late charges, costs, including lien fees and administrative costs, and reasonable attorneys' fees, also shall be the personal obligation of the Person who was the Owner of such Lot at the time the assessment was levied. Upon a transfer of title to a Lot, the grantee shall be jointly and severally liable with the grantor for any assessments and other charges due at the time of conveyance. (b) All assessments shall be paid in such manner and by such dates as the Board may establish. Unless the Board otherwise provides, an Assessment for each Lot shall be due and payable in advance each year on the first day of the fiscal year of the Regal Hill Association. (c) The Regal Hill Association shall, upon request by an Owner, furnish to any Owner a certificate in writing signed by an officer of the Regal Hill Association 14 setting forth whether assessments for such Owner's Lot have been paid and any delinquent amount. Such certificate shall be conclusive evidence of payment. The Regal Hill Association may require the advance payment of a reasonable processing fee for the issuance of such certificate. (d) No Owner may exempt himself or herself from liability for assessments, by non-use of Regal Hill Common Elements, abandonment of his or her Lot or Dwelling Unit, or any other means. The obligation to pay assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of assessments or set-off shall be claimed or allowed for any alleged failure of the Regal Hill Association or Board to take some action or perform some function required of it or for inconvenience or discomfort arising from repairs or improvements or other action taken by it. 10.2 Declarant's Obligation for Assessments. During the Development Period, no assessment shall be imposed on any Lot owned by Declarant. During the Development Period, Declarant may, at Declarant's sole election, advance to the Regal Hill Association the shortage for any fiscal year or any portion thereof. The "shortage" shall be the difference between: (a) the amount of all income and revenue of any kind received by the Regal Hill Association, including but not limited to, assessments collected on all other Lots, use fees, advances made by Declarant, and income from all other sources, and (b) the amount of all actual expenditures incurred by the Regal Hill Association during the fiscal year, including any reserve contributions for such year, but excluding all non- cash expenses such as depreciation or amortization, all expenditures and reserve contributions for making additional capital improvements or purchasing additional capital assets, and all expenditures made from reserve funds. Calculation of the shortage shall be performed on a cash basis of accounting. fit the event that the Declarant elects to advance to the Regal Hill Association the shortage or any portion thereof for any fiscal year during the Development Period, such advances made by the Declarant shall be accounted for and cumulatively credited against the Declarant's obligation to pay assessments after the expiration or termination of the Development Period. Such credits shall be applied to the Declarant's obligations to pay assessments immediately after the expiration or termination of the Development Period, and each subsequent assessment period thereafter until such credits are entirely diminished. In the event that the Declarant is still entitled to said credit after both: (i) the expiration or termination of the Development Period, and (ii) the Declarant owns no more Lots, the Regal Hill Association shall pay the amount of the credit owed to Declarant promptly after said events. Any obligation of the Declarant to pay assessments may be satisfied in the form of cash or by "in kind" contributions of services or materials, or by any combination of these. ILI 10.3 Builders Obligations for Assessments. For the period of twelve (12) months from the date of the recording of a deed from Declarant for an unimproved lot to a Builder, the Assessment for such unimproved lot owned by a Builder shall be fifty percent (50010) of the Assessment as above determined pursuant to the budget. Upon the earliest to occur of: (i) conveyance of the Lot by the Builder to a different Owner, (ii) issuance of a certificate of occupancy for the home on the Lot, or (iii) occupancy of the home on the Lot, the full amount of the Assessment for all Lots shall be paid by the Owner of the Lot commencing on the first day of the first month after said event. 10.4 Computation of Annual Assessment. The Declarant shall establish the initial budget for the Regal Hill Association including the initial Annual Assessment for each Lot. Thereafter, not less than sixty (60) days before the beginning of each fiscal year, the Board shall prepare a budget covering the Common Expenses estimated to be incurred during the coming year. The budget shall include a capital contribution to establish a reserve fund in accordance with a budget separately prepared as provided in Section 10.5, but shall not include expenses incurred during the Development Period for initial development, original construction, installation of infrastructure, original capital improvements, or other original construction costs unless approved by Owners representing a majority of the votes of the Regal Hill Association and Declarant. In determining the budget, the Board, in its discretion, may consider other sources of funds available to the Regal Hill Association. In addition, the Board shall take into account the number of Lots subject to assessment on the first day of the fiscal year for which the budget is prepared and the number of Lots reasonably anticipated to become subject to assessment during the fiscal year. Within thirty (30) days after adoption of any proposed budget by the Board, the Board shall provide to all Owners a summary of the budget and notice of a meeting to consider ratification of the budget, including a statement that the budget may be ratified without a quorum. The Board shall set a date for a meeting of the Owners to consider ratification of the budget, such meeting to be held not less than ten (10) nor more than sixty (60) days after mailing of the summary of the budget and notice of the meeting. There shall be no requirement that a quorum be present at the meeting. The budget shall be deemed ratified unless, at that meeting, a majority of all the Owners in the Regal Hill Association rejects the budget. In the eventthe proposed budget is rejected, the periodic budget last ratified by the Owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. The Assessment for the fiscal year shall be determined based upon the budget adopted by the Board and ratified by the Owners. In addition to Assessments for the fiscal year, the Board may levy Assessments from time to time to cover unbudgeted expenses or expenses in excess of those budgeted. Such Assessments shall be approved at a meeting of the Board and shall become effective upon approval by the Board, unless disapproved by Declarant during the Development Period. Such Assessments shall be payable in such manner and at such times as determined by the Board and may be payable in installments extending beyond the Fiscal year in which such Assessment is approved. The amount of each Assessment shall be levied equally against all Lots, subject to the provisions of Sections 1.3, 10.2 and 10.3. 16 10.5 Reserve Budeet and Special Reserve Assessment. In the event that the Regal Hill Common Elements include replaceable assets or improvements, the Board shall prepare, on an annual basis, reserve budgets for general purposes which take into account the number and nature of replaceable assets, the expected life of each asset, and the expected repair or replacement cost of each asset. Such reserve budgets may also anticipate making additional capital improvements and purchasing additional capital assets. The Board shall include in the Assessments reserve contributions in amounts sufficient to meet these projected needs, if any. The Board may adopt resolutions regarding the expenditure of reserve funds, including policies designating the nature of assets for which reserve funds may be expended. Such policies may differ for general Regal Hill Association purposes. Neither the Regal Hill Association nor the Board shall adopt, modify, limit or expand such policies without Declarant's prior written consent. 10.6 Benefited Assessments. The Board may levy Benefited Assessments against particular Lots for expenses incurred or to be incurred by the Regal Hill Association, as follows: (a) to cover costs incurred in bringing the Lot into compliance with the terms of the Association Documents and the Act or costs incurred as a consequence of the conduct of the Owner or occupants of the Lot, their family members, tenants, invitees, or guests; provided, the Board shall give the Lot Owner prior written notice and an opportunity for a hearing before levying a Benefited Assessment under this Section. (b) As provided in the Association Documents; (c) To recover costs incurred as a result of an Owner's failure to comply with the Permit; and (d) For a violation of the Association Documents by an Owner and the cost of enforcement of the same. 10.7 Date of Commencement of Assessments. The obligation to pay assessments shall commence as to each Lot on the first day of the month following (a) the date the Lot is made subject to this Declaration, or (b) the date the Board first determines a budget and levies assessments pursuant to this Article, whichever is later. The first annual Assessments against each Lot shall be adjusted according to the number of months remaining in the fiscal year at the time assessments commence on the Lot. 10.8 Lien for Assessments. All assessments authorized in this Article shall constitute a lien against the Lot against which they are levied, as provided in N.C. Gen. Stat. § 471-3-116, as amended, until paid unless otherwise specifically precluded in this Declaration. The lien shall also secure payment of interest (subject to the limitations of North Carolina law), late charges, and costs of collection (including attorneys' fees, lien fees and administrative costs). Such lien shall be superior to all other liens, except (a) those superior by 17 law, and (b) the lien or charge of any first Mortgage of record (meaning any recorded Mortgage with first priority over other Mortgages) made in good faith and for value. The Regal Hill Association may enforce such lien; when any assessment or other charge is delinquent, by suit, judgment, and foreclosure. The sale or transfer of any Lot shall not affect the assessment lien or relieve such Lot from the lien for any subsequent assessments. However, a Mortgagee holding a first Mortgage of record or other purchaser of a Lot who obtains title pursuant to foreclosure of the Mortgage shall not be personally liable for assessments on such Lot due prior to such acquisition of title. Such unpaid assessments shall be deemed to be Common Expenses collectible from Owners of all Lots subject to assessment under Section 10.7, including such acquirer, its successors and assigns. 10.9 Acceleration. In any case where an assessment or other charge is payable in installments, upon a default by such Owner in the timely payment of any two (2) consecutive installments, the maturity of the remaining total of the unpaid installments of such assessment or other charge may be accelerated, at the option of the Board, and the entire balance of the assessment or other charge may be declared due and payable in full by the service of such notice to such effect upon the defaulting Owner. 10.10 Failure to Assess. Failure of the Board to fix assessment amounts or rates or to deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification, or a release of any Owner from the obligation to pay assessments. In such event, each Owner shall continue to pay Assessments on the same basis as for the last year for which an assessment was made, if any, until a new assessment is made, at which time the Regal Hill Association may retroactively assess any shortfalls in collections. 10.11 Exempt Regal Hill Property. The following property shall be exempt from payment of Assessments: (a) all Regal Hill Common Elements; (b) all property dedicated to and accepted by any governmental authority or Utility Company; and (c) all property owned by the Declarant during the Development Period. In addition, Declarant and/or the Regal Hill Association shall have the right, but not the obligation, to grant exemptions to certain Persons qualifying for Section 501(c) status under the Internal Revenue Code so long as such Persons own property subject to this Declaration for purposes listed in Section 501(c). 18 Article 11. Architectural and Design Standards. 11.1 General. No improvements (including staking, clearing, excavation, grading and other site work), exterior alteration of existing improvements (including painting), placement or posting of any object or thing on the exterior of any Lot, Dwelling Unit, other structure or the Regal Hill Common Elements (g.g signs, antennae, clotheslines, playground equipment, temporarily or permanently installed basketball goals, pools, propane tanks, lighting, temporary structures, and artificial vegetation), planting or removal of Landscaping, or installation or removal of an irrigation system shall take place except in compliance with this Declaration, and with the approval of the appropriate Reviewing Body under Section 11.2. Any Owner may remodel, paint or redecorate the interior of structures, including the Dwelling Unit on his or her Lot, without approval. However, modification of the exterior and modifications to the interior of screened porches, patios, and similar portions of a Lot visible tom other Lots, Dwelling Units, Regal Hill Common Elements or streets (public or private) within the Regal Hill Property shall be subject to this Article and approval as set forth below. This Article shall not apply to the activities of Declarant or to improvements to the Regal Hill Common Elements by or on behalf of the Regal Hill Association. This Article may not be amended without Declarant's written consent. 11.2 Architectural and Design Review. (a) New Construction. Declarant shall have exclusive authority to administer and enforce architectural standards under this Article and to review and act upon all applications for original construction within the Regal [-till Property. There shall be no surrender of this right except in a written instrument in recordable form executed by Declarant. Upon the expiration or surrender of such right, the Board may, at its option, either assume such authority, create and appoint an Architectural Committee ("AC"), or assign such duties to the MC (as defined below). The AC, if established, shall consist of at least three (3), but not more than five (5), Persons who shall serve and may be removed in the Board's discretion. The AC shall have no rights or authority until Declarant's authority under this Article is surrendered. (b) Modifications. Declarant shall have exclusive authority to approve modifications, additions, or alterations made on or to existing structures on Lots containing Dwelling Units until such authority is surrendered by Declarant as evidenced by written instrument executed by Declarant and recorded in the Register of Deeds. Thereafter, the Board shall establish a Modifications Committee ("MC") which shall consist of at least three (3), but not more than five (5), Persons who shall be appointed and shall serve at the discretion of the Board. The MC shall have exclusive jurisdiction over modifications, additions, or alterations made on or to existing structures on Lots or containing Dwelling Units and the adjacent open space. During the Development Period, Declarant shall have the right to disapprove any action taken by the MC. (for purposes of this Article, "Reviewing Body" shall refer to either Declarant, the MC, or the AC, as appropriate under the circumstances.) 19 (c) Fees. The Reviewing Body may establish and charge reasonable fees for review of applications hereunder and may require such fees to be paid in full prior to review of any application. Such fees may include the reasonable costs incurred in having any application reviewed by architects, engineers or other professionals. Declarant and the Regal Hill Association may employ architects, engineers, or other persons as deemed necessary to perform the review. The Board may include the compensation of such persons in the Regal Hill Association's annual operating budget as a Common Expense. (d) Security. The Reviewing Body may also require posting of security by any Owner, or such Owner's contractor or builder to be utilized for the payment of any fines and cost of any enforcement in accordance with Section 11.9 herein, or the repair of any damage to any Regal Hill Common Elements or providing Upkeep of such Regal Hil I Common Elements in excess of normal Upkeep as may occur during the construction of any permitted improvements within the Regal Hill Property. The amount and type of security, as required by the Reviewing Body, may be changed from time to time and does not necessarily have to be consistent as to all Owners, contractors or builders. 11.3 Architectural Restrictions. All of the Lots shall be subject to the following restrictions regarding design and construction of improvements: (a) Only one (1) single-family residential dwelling designed for use as, and used as; a single-family residential dwelling, one (1) outbuilding and other appurtenant structures which are not outbuildings, all of which comply with these Restrictions and all of which shall have been approved by the Committee may be constructed, erected, placed or maintained on any Lot. No improvement of any kind, other than a single-family residential dwelling and other improvements which are not prohibited herein may be constructed, erected, placed or maintained on any Lot. (b) All Dwelling Units constructed on Lots shall have a minimum heated floor square footage of twelve hundred (1,200) square feet. if a Dwelling Unit has more than one (1) story, at least seven hundred (700) square feet of heated floor area shall be included on the first floor. Declarant may increase or decrease the foregoing heated area requirements for property subsequently annexed into the Project. (c) All roofs on the Dwelling Unit and on any permitted outbuilding shall have at least a 6l12 roof pitch. (d) Any permitted outbuilding erected upon a Lot shall have the same siding material and siding color and shall have the same roof material and roof color as the residential dwelling located upon the Lot. (e) No residential dwelling constructed on a Lot shall exceed two and one-half (2%a) stories in height. The Reviewing Body shall have the authority to establish regulations pertaining to the height and size requirements of all other types of structures. 20 (f) No building, underground pool or above ground structure, except approved fences, mailboxes and paper boxes, shall be located nearer to any Lot boundary line than the building setback lines shown on the Recorded Plat. The variance provisions set forth in Section 11.7 herein shall apply to setbacks and utility easements shown on the Recorded Plat. The establishment of standard inflexible building setback lines for the location of buildings tends to force construction of structures both directly behind and directly to the side of'other structures with detrimental effects on privacy, preservation of important trees and wetland areas. Therefore, no specific setback lines are established by these restrictions except as set forth above. In order to insure, however, that the location of structures will be staggered where practical and appropriate; that the maximum amount of view and attractiveness will be available to each structure; that the structures will be located with regard to the topography of each individual Lot; and that the location will take into consideration the location of large trees, lot elevations, wetland areas, Stormwater Management Facilities, and similar considerations, the Reviewing Body shall have, and hereby is granted, the right to control absolutely and to decide in its sole discretion the precise site and location of any residential Dwelling Unit or other structure upon any Lot; provided, however, that such location shall be determined only after reasonable opportunity is afforded the owner of the Lot to recommend a specific site, but such location shall be within the minimum setback lines shown on the Recorded Plat. The exact location of the residential dwelling and any permitted outbuildings shall be shown on the site plan for each Lot and approved by the Reviewing Body. The provisions of these restrictions supersede the Recorded Plat. (g) Any Dwelling Unit located on any Lot shall be "stick built" onsite; provided, however, this does not prohibit the use of trusses and similar structural items which are built offsite and transported to a Lot by vehicle and placed on the Dwelling Unit. No temporary residence, mobile home, doublewide or multiple -wide mobile home, modular home (whether built offsite on a frame or constructed offsite in modules and transported to a Lot by vehicle and placed on a permanent foundation onsite), trailer, camper, tent or other building shall be placed on or erected on any Lot. It is provided, however, that Declarant may grant permission for the use of a temporary structure for storage of materials during construction. Any such temporary structures approved by Declarant shall not be used at any time as a residential dwelling. (h) All Dwelling Units shall have a concrete driveway at least nine (9) feet in width running from the pavement of the street on which the Lot fronts to the front face of the Dwelling Unit located on the Lot. (i) To ensure ongoing compliance with the Permit as issued by the Division of Water Quality under NCAC 2H.1000, Regal Hill Property is subject to the restrictions included in the Master Declaration, including restrictions regarding the maximum built upon area permitted per Lot. Q) Except as hereinafter provided in this Section 11.30), any fence located on a Lot shall be constructed behind the front face of the residential dwelling located on the Lot and shall be no greater than six (6) feet in height. It is provided, however, that a privacy 21 fence enclosing an area not larger than one hundred sixty (160) square feet may be constructed at a height greater than six (6) feet but not greater than eight (8) feet. Any such permitted privacy fence shall be located behind the rear face of the residential dwelling located on the Lot. All fences shall be constructed of pressure treated wood; decay and insect resistant wood such as cedar, juniper or redwood, or of vinyl. No chain link fences shall be constructed on any Lot. All swimming pools shall be enclosed by an approved privacy fence meeting the criteria set forth above. (k) All mailboxes constructed within the Project shall be constructed and located according to mailbox plans and specifications from time -to -time adopted by the Reviewing Body. The intention of these restrictions is that all mailboxes shall be identical. (1) The exterior of any Dwelling Unit or other permitted outbuilding located on a Lot shall be brick, stucco, vinyl, wood, masonry fibrous cement board such as "Hardie Plank", or split -face block, or some combination of the above -mentioned siding materials. Any wood siding shall be juniper, cedar or cypress. No exterior surface shall consist of masonite, asbestos, metal sidings or exposed concrete blocks (except masonry fibrous cement board such as "Hardie Plank" or split face block). The elevations of all Dwelling Units shall be of a color approved by the Reviewing Body. All sidings shall be cleaned as often as is necessary to prevent the accumulation of mildew on the siding. (m) The roofing material of any residential dwelling or other permitted outbuilding located on a Lot shall be either "architectural style" or "three dimensional asphalt" shingles. (n) At the time a Dwelling Unit is constructed on a Lot, there also shall be constructed by the installation of Centipede, St. Augustine or Zoysia grass sod, a contiguous lawn from the front face of the Dwelling Unit located on said Lot to the pavement of the road right of way in front of said Lot and from side lot line to side lot line. Further, Lots which are corner lots also shall have a lawn from the pavement in the road beside said Lot to the nearest face of the Dwelling Unit located on said Lot and from the front lot line to the rear lot line. (o) The Subdivision is subject to North Carolina Sedimentation and Erosion Control Permits. Each Owner shall be responsible for compliance with all requirements of said permits. (p) All structures constructed or placed on any Lot shall be built of substantially new material and no used structure shall be relocated or placed on any such Lot, (q) Once construction is started on any Lot, the improvements and landscaping shall be completed in accordance with the plans, specifications and details, as approved, within twelve (12) months from commencement, with extensions as approved by Declarant or its designated successor or assign. No Dwelling Unit may be occupied until it is completed and a Certificate of Occupancy issued. 22 (r) All electrical, telephone, cable, television service and other utility lines in the Subdivision shall be installed underground. (s) Any Dwelling Unit or outbuilding on any Lot which is destroyed in whole or in part by fire, windstorm or by any other cause, shall be rebuilt or all debris removed and the Lot restored to a sightly condition with reasonable promptness; provided, however, that in no event shall such debris remain longer than ninety (90) days. (t) All residential dwellings shall have a concrete driveway at least nine (9) feet in width running from the pavement of the street on which the Lot fronts to the Dwelling Unit located on the Lot. (u) Not more than one (1) building which is not attached to the residential dwelling by a shared common wall at least twelve (12) feet in length shall be constructed, erected, placed or maintained on any Lot. Any building not so attached ('outbuilding") shall have a floor -area square footage of at least one hundred forty-four (144) square feet. The roof pitch, color and other characteristics shall be the same as the Dwelling Unit located upon the Lot. 11.4 Guidelines and Procedures. The Architectural Restrictions above shall apply to all construction activities within the Regal Hill Property, except by the Declarant and Regal Hill Association as provided in Section 11.1. All structures and improvements constructed upon a Lot shall be constructed in strict compliance with this Declaration, unless the Reviewing Body has granted a variance in writing pursuant to Section 11.7. So long as the Reviewing Body has acted in good faith, its findings and conclusions with respect to appropriateness of, applicability of or compliance with this Declaration shall be final. 11.5 Submission of Plans and Specifications. (a) No activities within the scope of Section 1 1.I shall commence on any Lot until an application for approval of the proposed work has been submitted to and approved by the Reviewing Body. Such application shall be in the form required by the Reviewing Body and shall include plans and specifications ("Plans") showing site layout, structural design, exterior elevations, exterior materials and colors, signs, landscaping, drainage, lighting, irrigation, utility facilities layout and screening therefore and other features of proposed construction, as applicable. The Reviewing Body may set forth the procedure and any additional information for submission of the Plans. (b) In reviewing each submission, the Reviewing Body may consider quality of workmanship and design, visual and environmental impact, ecological compatibility, natural platforms and finish grade elevation, harmony of external design with surrounding structures and environment, and location in relation to surrounding structures and plant life. The Reviewing Body may require relocation of native plants within the construction site or the 23 installation of an irrigation system for the landscaping including the natural plant life on the Lot as a condition of approval of any submission. The Reviewing Body shall, within a reasonable period of time, advise the party submitting the same, in writing, at an address specified by such party at the time of submission, of (i) the approval of Plans, or (ii) the segments or features of the Plans which are deemed by such committee to be unacceptable, or inconsistent or not in conformity with this Declaration, the reasons for such finding, and suggestions for the curing of such objections. In the event the Reviewing Body fails to advise the submitting party by written notice within forty-five (45) days of either the approval or disapproval and suggestions for curing the objections of the Reviewing. Body of the Plans, approval shall be deemed to have been given. Notice shall be deemed to have been given at the time the envelope containing such notice, properly addressed, and postage prepaid, is deposited with the U.S. Postal Service, registered or certified mail, return receipt requested. Personal delivery of such written notice shall, however, be sufficient and shall be deemed to have been given at the time of delivery to the submitting party. (c) If construction does not commence on a project for which Plans have been approved within sixty (60) days of such approval, such approval shall be deemed withdrawn, and it shall be necessary for the Owner to resubmit the Plans to the Reviewing Body for reconsideration provided that the Reviewing Body may grant a longer time period for expiration of the approval at the time the approval is granted. 11.6 No Waiver of Future Approvals. Each Owner acknowledges that the members of the Reviewing Body will change from time to time and that approvals, and interpretation, application and enforcement of the Architectural Restrictions included in this Declaration may vary accordingly. Approval of proposals, plans and specifications, or drawings for any work done or proposed, or in connection with any other matter requiring approval, shall not be deemed to constitute a waiver of the right to withhold approval as to any similar proposals, plans and specifications, drawings, or other matters subsequently or additionally submitted for approval. 11.7 Variances. The Reviewing Body may authorize variances in writing from its guidelines and procedures, but only: (a) in accordance with duly adopted rules and regulations; (b) when unique circumstances dictate such as unusual topography, natural obstructions, hardship or aesthetic or environmental considerations; and (c) when construction in accordance with the variance would be consistent with the purposes of the Declaration and compatible with existing and anticipated uses of adjoining properties. Inability to obtain, or the terms of, any governmental approval, or the terms of any financing shall not be considered a hardship warranting a variance. Notwithstanding the above, no party may authorize variances without the written consent of Declarant during the Development Period. 11.8 Limitation of Liability. Review and approval of any application pursuant to this Article is made on the basis of aesthetic considerations only and neither Declarant, the Regal Hill Association, the Board, the AC or the MC shall bear any responsibility for ensuring the structural integrity or soundness of approved construction or modifications, nor for ensuring 24 compliance with building codes and other governmental requirements. Neither Declarant, the Regal Hill Association, the Board, the AC or the MC, or any member of any of the foregoing shall be held liable for any injury, damages, or loss arising out of the manner or quality of approved construction on or modifications to any Lot. In all matters, the AC and the MC and their members shall be defended and indemnified by the Regal Hill Association as provided in the Bylaws. 11.9 Enforcement. Any construction, alteration or other work done in violation of this Article shall be deemed to be nonconforming. Upon written request from the Reviewing Body, Owners shall, at their own cost and expense and within such reasonable time frame as set forth in such written notice, cure such nonconformance to the satisfaction of the requester or restore the property, Lot and/or Dwelling Unit to substantially the same condition as existed prior to the nonconforming work. Should an Owner fail to remove and restore as required, Declarant, the Regal Hill Association or their designees shall have the right to enter the property, remove the violation, and restore the property to substantially the same condition as previously existed, All costs, together with the interest at the maximum rate then allowed by law, may be assessed against the benefited Lot and collected as a Benefited Assessment unless otherwise prohibited in this Declaration. All approvals granted hereunder shall be deemed conditioned upon completion of all elements of the approved work and all work previously approved with respect to the same Lot, unless approval to modify any application has been obtained. In the event that any Person fails to commence and diligently pursue to completion all approved work, Declarant or the Regal Hill Association shall be authorized, after notice to the Owner of the Lot and an opportunity to be heard in accordance with the Bylaws, to enter upon the Lot and remove or complete any incomplete work and to assess all costs incurred against the Lot and the Owner thereof as a Benefited Assessment unless otherwise prohibited in this Declaration. All acts by any contractor, subcontractor, agent, employee, or invitee of an Owner shall be deemed as an act done by or on behalf of such Owner. Any contractor, subcontractor, agent, employee, or other invitee of an Owner who fails to comply with the terms and provisions of this Article may be excluded from the Regal Hill Property, subject to the notice and hearing procedures contained in the Declaration. In such event, neither Declarant, the Regal Hill Association, its officers, or directors shall be held liable to any Person for exercising the rights granted by this section. In addition to the foregoing, the Regal Hill Association and Declarant shall have the authority and standing to pursue all legal and equitable remedies available to enforce the provisions of this Article and the decisions of the Reviewing Body. 25 Article 12. Plan of Development and Use Restrictions. 12.1 Plan of Development: Applicability: Effect. (a) Declarant has established a general plan of development and occupancy for the Regal Hill Property under this Declaration subject to the ability of the Regal Hill Association and the Members to respond to changes in circumstances, conditions, needs, and desires within the community. All provisions of this Declaration and any riles shall apply to all Builders, their contractors, builders, agents, and employees and to all other Owners, their family members, occupants, tenants, guests and invitees of any Lot. Notwithstanding Declarant's establishment of a general plan of development, the Declarant shall not be liable for any failure or alleged failure to police and enforce the Association Documents. (b) The Regal Hill Property may be subject to restrictions governing land development, architectural and design control, individual conduct and uses of or actions upon the Regal Hill Property. This Declaration, including the Initial Use Restrictions attached hereto as Exhibit B. and the rules and resolutions adopted by the Board or the Members establish affirmative and negative covenants, easements, and restrictions on the Regal Hill Property, 12.2 Authority to Promulgate Rules. (a) Subject to the terms of this Article and in accordance with its duties of care and undivided loyalty to the Regal Hill Association and its Members, the Board may adopt rules not inconsistent with the Use Restrictions set forth in Section 12.4 hereof, and other such Hiles and regulations permitted by, and not inconsistent with, the Act, including such rules and regulations relating to the use of, and parking and traffic, on public and private streets located within the Regal Hill Property. Said rules and regulations shall be applicable to all Owners except the Declarant(s). (b) After the termination or expiration of the Development Period, the Owners, at a meeting duly called for such purpose, may adopt rules which modify, cancel, limit, or create exceptions to, adopted rules by a vote of Owners representing sixty-seven percent (67%) of the total vote. (c) The Board shall send a copy of the rule to each Owner specifying the effective date of such rule within a reasonable period of time, as determined by the Board, prior to the effective date of the rule. The Regal Hill Association shall provide, without cost, a copy of the rules then in effect to any requesting Member or Mortgagee. (d) Nothing in this Article shall authorize the Board or the Owners to modify, repeal or expand the Declaration, the Bylaws, the Articles, or the Design Guidelines. Such documents may be amended as provided therein. 12.3 Owners' Acknowledgment. All Owners are subject to this Declaration and are given notice that: (a) their ability to use their privately owned property is limited thereby; 26 and (b) the Declarant, Board, and/or the Owners may adopt, delete, modify, create exceptions to, or amend the rules. Each Owner by acceptance of a deed acknowledges and agrees that the use and enioyment and marketability of his or her property can be affected by this provision and that the Use Restrictions and rules may change from time to time. 12.4 Use Restrictions. The Regal Hill Property is subject to the Initial Use Restrictions described on Exhibit B. (a) The Regal Hill Property shall be used only for residential, recreational, and related purposes (which may include, without limitation, offices for any property manager retained by the Regal Hill Association or business offices for Declarant or the Regal Hill Association consistent with this Declaration and any Supplemental Declaration), subject to applicable laws. Any Supplemental Declaration or additional covenants imposed on property annexed into the Regal Hill Property may provide for different uses and impose standards and restrictions other than those contained in this Declaration and the Regal Hill Association shall have standing and the power to enforce such standards and restrictions. 12.5 Rights of Owners. Except as may be specifically set forth in the Use Restrictions, including the Initial use Restrictions, neither the Board nor the Owners may adopt any rule in violation of the following provisions: (a) Activities Within Dwelling Units. No rule shall interfere with the activities carried on within the confines of Dwelling Units, except that the Regal Hill Association may prohibit activities not normally associated with property restricted to residential use, and it may restrict or prohibit any activities that create monetary costs for the Regal Hill Association or other Owners, that create a danger to the health or safety of occupants of other Dwelling Units, that generate excessive noise or traffic, that create unsightly conditions visible outside the Dwelling Unit, or that create an unreasonable source of annoyance. (b) Allocation of Burdens and Benefits. The initial allocation of financial burdens and rights to use Regal Hill Common Elements among the various Lots shall not be changed to the detriment of any Owner over that Owner's objection expressed in writing to the Regal Hill Association. Nothing in this provision shall prevent the Regal Hill Association from changing the use of the Regal Hill Common Elements as provided in Section 4.6, from adopting generally applicable rules for use of Regal Hill Common Elements, or from denying use privileges to those who abuse the Regal Hill Common Elements, violate rules or this Declaration, or fail to pay assessments. This provision does not affect the right to increase the amount of assessments as provided in Article 10. (c) Rights to Develop. No rule or action by the Regal Hill Association or Board shall impede Declarant's right to develop the Regal Hill Property, including, but not limited to, the rights of Declarant as set forth in Article 15. 27 (d) Abridging Existing Rights. Any rule which would require Owners to dispose of personal property being kept on the Regal Hill Property shall apply prospectively only and shall not require the removal of any property which was being kept on the Regal Hill Property prior to the adoption of such rule and which was in compliance with all rules in force at such time unless otherwise required to be removed by law. The limitations in this Section 12.5 shall apply to rules only; they shall not apply to amendments to this Declaration adopted in accordance with Section 17.2. 12.6 Rights Regarding Flags. Owners shall be permitted to display the flag of the United States of America and/or the (lag of the State of North Carolina on their Lots. Notwithstanding any provision of this Declaration, including without limitation the provisions of this Article 12, no rule or regulation adopted by the Board of Directors nor any amendment to the Declaration adopted by the Regal Hill Association or the Declarant shall regulate or prohibit the display of the flag of the United States of America and/or the flag of the State of North Carolina, of a size no greater than four (4) feet by six (6) feet, which is displayed in accordance with or in a manner consistent with the patriotic customs set forth in 4 U.S.C. §§ 5-10, as amended. Article 13. Easements. 13.1 Easements of Encroachment. During the Development Period, Declarant reserves unto itself, easements of encroachment, and for Upkeep and use of any permitted encroachment, between each Lot and any adjacent Regal Hill Common Elements and between adjacent Lots due to the unintentional placement or settling or shifting of the improvements constructed, reconstructed, or altered thereon (in accordance with this Declaration) to a distance of not more than three (3) feet, as measured from any point on the common boundary along a line perpendicular to such boundary. 13.2 Easements for Utilities, Access, Subdivision, Drainage (a) Declarant reserves unto itself a perpetual, nonexclusive easement for ingress, egress, regress, across, the installation and maintenance of utilities, further subdivision, , and the right to dedicate to public use, over, under and upon any and all streets, roads, and other rights of way on the Regal Hill Property including without limitation Sonoma Road as shown on the Recorded Plat, all drainage and utility easements shown on the Recorded Plat or lying on the Regal Hill Property, and water and sewer easements shown on the Recorded Plat or lying on the Regal Hill Property. (b) Declarant reserves unto itself a perpetual, nonexclusive easement for the purpose of access and Upkeep upon, across, over, and under all of the Regal Hill Property to the extent reasonably necessary to install, operate, and provide Upkeep for : roads, walkways, bicycle pathways, trails, lakes, ponds, wetlands, drainage systems, street lights, signage, and all utilities, including, but not limited to, water, sewers, meter boxes, telephone, gas, electricity, television, and security and similar systems. Declarant may assign these easements and rights to any Utility Company providing a service or utility to Regal Hill at Carolina Plantations subject to 28 the limitations herein. Without limiting the general authority described by the foregoing, Declarant reserves the right to subject any portion of the Regal Hill Property, including the Regal Hill Common Elements, to an easement for the benefit of an electric Utility Company for the installation of underground electric cables and/or the installation of street lighting, either or both of which may require an initial payment and continuing obligation to the electric Utility Company by the Regal Hill Association or the Owners directly. Declarant specifically grants to the Utility Companies easements across the Regal Hill Property for ingress, egress, installation, reading, and providing Upkeep of meters and boxes. However, the exercise of this easement shall not extend to permitting entry into the Dwelling Unit on any Lot, nor shall any utilities be installed or relocated on the Regal Hill Property, except as approved by the Board or Declarant. 13.3 Easement and Right to Dedicate Public Rights of Way and Utility Easements. Declarant reserves for itself, its successors and assigns, the perpetual right to dedicate to public use, any and all: (i) rights of way, streets, roads, and other access ways, and (ii) utilities, drainage and similar easements, located on the Regal Hill Property. 13.4 Easements to Serve Additional Property. Declarant hereby reserves for itself and its duly authorized agents, representatives, employees, successors, assigns, licensees, and Mortgagees, a perpetual, nonexclusive easement over the Lots and the Regal Hill Common Elements for the purposes of enjoyment, use, access, and development of any real property whether or not such property is made subject to this Declaration, including without limitation the real property described on Exhibit C and the real property described in that certain deed recorded in Book 2149, at Page 44 in the Register of Deeds. This easement includes, but is not limited to, a right of ingress and egress over the Regal Hill Common Elements for construction of roads and for connecting and installing utilities on such property. 13.5 Development and Other Easements. Declarant specifically reserves all of the easements identified as being so reserved in this Declaration including, but not limited to, those set forth in Article 15. 13.6 Easements for Cross -Drainage. Every Lot and the Regal Hill Compton Elements shall be burdened with perpetual easements for natural drainage of stormwater runoff from other portions of the Regal Hill Property; provided, no Person shall after the natural drainage on any Lot to increase materially the drainage of stormwater onto adjacent portions of the Regal Hill Property without the consent of the Owner(s) of the affected property and the Board. 13.7 Right of Entry. The Regal Hill Association and the Master Association shall have the right, but not the obligation, and a perpetual easement is hereby granted to the Regal Hill Association and the Master Association, to enter all portions of the Regal Hill Property, including each Lot, for emergency, security, and safety reasons. Such right may be exercised by the authorized agents of the Regal Hill Association or the Master Association, their Board, officers or committees, and by all police officers, firefighters, ambulance personnel, and 29 similar emergency personnel in the performance of their duties. Except in emergencies, entry. onto a Lot shall be only during reasonable hours and after notice to and pet -mission from the Owner thereof. This easement includes the right to enter any Lot to cure any condition which increases the risk of fire or other hazard if an Owner fails or refuses to cure the condition within a reasonable time after request by the Board, but does not authorize entry into any Dwelling Unit without permission of the Owner, except by emergency personnel acting in their official capacities. 13.8 Easements for Maintenance and Enforcement. Authorized agents of the Regal Hill Association and the Master Association shall have the right, and a perpetual easement is hereby granted to the Regal Hill Association and the Master Association, to enter all portions of the Regal Hill Property, including each Lot to (a) perform its Upkeep responsibilities under Article 5, and (b) make inspections to ensure compliance with the Association Documents. Except in emergencies, entry onto a Lot shall be only during reasonable hours and after notice to and permission from the Owner. This easement shall be exercised with a minimum of interference to the quiet enjoyment to Owners' property, and any damage shall be repaired by the Regal Hill Association or the Master Association at its expense. The Regal Hill Association also may enter a Lot to abate or remove, using such measures as may be reasonably necessary, any structure, thing or condition which violates the Declaration, any Supplemental Declaration, the Bylaws, the Design Guidelines, or the rules. All costs incurred, including reasonable attorneys' fees, shall be assessed against the violator as a Benefited Assessment. The Regal Hill Property is hereby burdened with perpetual, non-exclusive easements in favor of the Declarant and the Regal Hill Association for overspray of water from any irrigation system serving the Regal Hill Common Elements. The Regal Hill Association and the Declarant may use treated water from a water treatment plant for the irrigation of any Regal Hill Common Elements. Under no circumstances shall the Regal Hill Association or the Declarant be held liable for any damage or injury resulting from such overspray or the exercise of this easement. 13.9 Sign Easements. As of the date of this Declaration, neither the Owners nor the Regal Hill Association has any right or interest in the areas depicted as "Sign Easement" depicted on the Recorded Plat. The Declarant's rights to those easements is described in Article 13 of the Master Declaration. 13.10 Regal Hill Property Benefited. The easements reserved by and for the Declarant in this Declaration are for the benefit of the Regal Hill Property, any additional property made subject to this Declaration , which may include without limitation the real property described on Exhibit C. any real property to which the Declarant conveys the benefit of such easements, which may include, without limitation, any of the real property described on Exhibit C and/or any of the real property described in that certain deed recorded in Book 2149, at Page 44 in the Register of Deeds, and any other real property identified by the Declarant from time to time. 30 13.11 Declarant Easements Assignable. Notwithstanding anything to the contrary herein, each and every easement reserved by, retained by, or granted to, the Declarant in this Declaration may be separately assigned to one or multiple parties as deemed appropriate by Declarant. Said assignments may be in connection with or separate from any assignment of Declarant Rights. 13.12 Rights to Stormwater Runoff, Irrigation Water. and Water Reclamation. Declarant hereby reserves for itself and its designees all rights to ground water, surface water, water within ponds, lakes, rivers, streams and wetlands located with the Regal Hill Property, stormwater runoff, and irrigation water located or produced within the Regal Hill Property, and each Owner agrees, by acceptance of a deed to a Lot, that Declarant shall retain all such rights. Such right shall include perpetual easements over the Regal Hill Property for access, and for installation and maintenance of facilities and equipment to capture and transport such water, runoff and irrigation water. Article 14. Mortgage Provisions. The following provisions are for the benefit of holders, insurers and guarantors of first Mortgages on Lots in the Regal Hill Property. The provisions of this Article apply to both this Declaration and to the Bylaws, notwithstanding any other provisions contained therein. 14.1 Notices of Action. An institutional holder, insurer, or guarantor of a first Mortgage which provides written request to the Regal Hill Association (such request to state the name and address of such holder, insurer, or guarantor and the street address of the Lot to which its Mortgage relates, thereby becoming an "Eligible Holder"), will be entitled to timely written notice of. (a) Any condemnation loss or any casualty loss which affects a material portion of the Regal Hill Property or which affects any Lot on which there is a first Mortgage held, insured, or guaranteed by such Eligible Holder; (b) Any delinquency in the payment of assessments or charges owed by a Lot subject to the Mortgage of such Eligible Holder, where such delinquency has continued for a period of ninety (90) days, or any other violation of the Declaration or Bylaws relating to such Lot or the Owner or Occupant which is not cured within ninety (90) days. Notwithstanding this provision, any holder of a first Mortgage is entitled to written notice upon request from the Regal Hill Association of any default in the performance by an Owner of a Lot of any obligation under the Declaration or Bylaws which is not cured within ninety (90) days; or (c) Any lapse, cancellation, or material modification of any insurance policy maintained by the Regal Hill Association. 14.2 No Priority. No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of 31 any Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Regal Hill Common Elements. 14.3 Notice to Real Hill Association. Upon request, each Owner shall be obligated to furnish to the Regal Hill Association the name and address of the holder of any Mortgage encumbering such Owner's Lot. Article 15. Declarant's Rights. 15.1 Declarant's Rights. Declarant's Rights are those rights reserved for the benefit of Declarant as provided for in the Act and the Association Documents which shall include, without limitation, the following rights: (a) To complete improvements on the Regal Hill Property; (b) To maintain models, management offices, construction offices, sales offices, customer service offices, and signs advertising the Regal Hill Property within any portion of the Regal Hill Common Elements Declarant deems appropriate; (c) Those rights set forth in Article 9 of this Declaration; (d) To designate any portion of the Regal Hill Property as Regal Hill Common Elements or Regal Hill Limited Common Elements; (e) To exercise all rights of architectural review and all other rights as set forth in Article l 1 of this Declaration; (1) To construct improvements within portions of the Regal Hill Property and to operate the same as public or private facilities in the sole discretion of Declarant; (g) To appoint, remove and replace the members of the Board; (h) To disapprove actions of the Board or any committee during the Development Period; (i) To disapprove any amendment or change in any Association Documents during the Development Period; Q) To enforce any covenants, restrictions and other provisions of the Association Documents during the Development Period; and (k) To amend this Declaration as set forth in 17.2(a). 15.2 Transfer of Declarant's Rights. Any or all of Declarant's Rights and obligations of Declarant set forth in this Declaration or the Bylaws may be transferred to other Persons, separately, with regard to specific real property, or in their entirety. Notwithstanding 32 the foregoing, each of the Declarant Rights described in subsections (g), (h), (i), and (k) of Section 15.1 above, the right to withdraw real property described. in Section 9.2 and the right to establish additional covenants and easements described in Section 9.3 shall be vested in only one (1) Declarant at any time. Except as described in subsection (b) below, no such transfer shall be effective unless it is in a written instrument signed by Declarant and the transferee and duly recorded in the Register of Deeds. 15.3 Modification of Development Plan. Each Owner, by accepting title to a Lot and becoming an Owner, and each other Person, by acquiring any interest in the Regal Hill Property, acknowledges awareness that Regal Hill At Carolina Plantations is a planned community, the development of which is likely to extend over many years, and agrees not to protest or otherwise object to (a) zoning or changes in zoning or to uses of, or changes in density of, the Regal Hill Property, or (b) changes in any conceptual or master plan for the Regal Hill Property, provided that such revision is or would be lawful (including, but not limited to, lawful by special use permit, variance or the like). 15.4 Development Easements. Declarant, its employees, agents and designees, specifically reserve a nonexclusive perpetual easement over, upon, under and above the Regal Hill Common Elements and other portions of the Regal Hill Property (expressly excluding a Dwelling Unit) for any and all purposes deemed reasonably necessary or desirable by Declarant for the development of the Regal Hill Property, and the development of any additional property, whether or not it is made subject to this Declaration including without limitation any of the real property described on Exhibit C and/or any of the real property described in that certain deed recorded in Book 2149, at Page 44 in the Register of Deeds, said easement including, but not limited to, easements of access, the installation and maintenance of utilities and easements as may be required from time to time by any governmental agency or pursuant to the Permit. Declarant and its employees, agents and designees shall also have a right and easement over and upon all of the Regal Hill Common Elements for the purpose of making, constructing, installing, modifying, expanding, replacing, and removing such improvements to the Regal Hill Common Elements as it deems appropriate in its sole discretion. 15.5 Marketing and Sales. During the Development Period or so long as Declarant owns any portion of the Regal Hill Property, Declarant and its designees may maintain and carry on upon the Regal Hill Common Elements and any property owned by Declarant such facilities and activities as, in the sole opinion of Declarant, may be reasonably required, convenient, or incidental to the construction or sale of such Lots, including, but not limited to, business offices, signs, model units, sales offices, and storage of building materials. Declarant and its designees shall have easements for access to and use of such facilities. Declarant's or any designee's unilateral right to use the Regal Hill Common Elements for purposes stated in this section shall not be exclusive and shall not unreasonably interfere with use ofsuch Regal Hill Common Elements by Owners unless leased pursuant to a lease agreement with the Regal Hill Association providing for payment of reasonable rent. 33 15.6 Declarant Approval to Changes in Association Documents. During the Development Period, the Regal Hill Association shall not, without the prior written approval of Declarant, adopt any policy, rule or procedure that: (a) Limits the access of Declarant, its successors, assigns and/or affiliates or their personnel and/or guests, including visitors, to the Regal Hill Common Elements of the Regal Hill Association or to any property owned by any of them; (b) Limits or prevents Declarant, its successors, assigns and/or affiliates or their personnel from advertising, marketing or using the Regal Hill Association or its Regal Hill Common Elements or any property owned by any of them in promotional materials; (c) Limits or prevents new Owners from becoming members of the Regal Hill Association or enjoying full use of the Regal Hill Common Elements, subject to the membership provisions of the Association Documents; (d) Impacts the ability of Declarant, its successors, assigns and/or affiliates, to carry out to complction its development plans and related construction activities for Regal Hill at Carolina Plantations, as such may be amended and updated from time to time. Policies, rules or procedures affecting the provisions of existing easements established by ' Declarant and limiting the establishment by Declarant of easements necessary to complete Regal Hill at Carolina Plantations shall be expressly included in this provision. Easements that may be established by Declarant shall include but shall not be limited to easements for development, construction and landscaping activities and utilities; or (e) Impacts the ability of Declarant, its successors, assigns and/or affiliates to develop and conduct customer service programs and activities in a customary and reasonable manner. 15.7 Unimpeded Access. The Regal Hill Association shall not exercise its authority over the Regal Hill Common Elements (including, but not limited to, any gated entrances and other means of access to the Regal Hill Property to interfere with the rights of Declarant set forth in this Declaration or to impede access to any portion of the Regal Hill Property, or over the streets and other Regal Hill Common Elements within the Regal Hill Property. 15.8 Additional Declarations/Restrictions. No Person shall record any declaration of covenants, conditions and restrictions, or declaration of condominium or similar instrument affecting any portion of the Regal Hill Property without Declarant's review and written consent during the Development Period. Any attempted recordation without such consent shall result in such instrument being void and of no force and effect unless subsequently approved by recorded consent signed by Declarant. 15.9 Governmental Interests. During the Development Period, Declarant may designate sites within the Regal Hill Property for fire, police and utility facilities, and parks, and 34 other public facilities in accordance with applicable laws. The sites may include Regal Hill Common Elements. Article 16. Compliance and Enforcement. 16.1 General Remedies. Every Owner and occupant of any Lot shall comply with the Association Documents, including without limitation the provisions of this Declaration, and the Act. Failure to comply shall be grounds for an action by the Regal Hill Association to recover sums due, for damages, injunctive relief or any other remedy available at law and equity or under the Act. 16.2 Enforcement/Sanctions. The Board or such other Regal Hill Association agent with the Board's approval, may impose sanctions for violations of Association Documents after notice and a hearing in accordance with the procedures set forth in the Declaration. Such sanctions may include, without limitation: (a) Imposing reasonable monetary lines which shall constitute a lien upon the Lot of the violator; (b) Suspending an Owner's right to vote; (c) Suspending any Person's right to use any Regal Hill Common Elements; provided, however, nothing herein shall authorize the Board to limit ingress or egress to or from the Lot; (d) Suspending any services provided by the Regal Hill Association to an Owner or the Owner's Lot if the Owner is more than thirty (30) days delinquent in paying any assessment or other charge owed to the Regal Hill Association; and (e) Levying Benefited Assessments to cover costs incurred in bringing a Lot into compliance in accordance with Section 10.6(a). 16.3 Self -Help Remedies. The Board or such other Regal Hill Association agent with the Board's approval, may elect to enforce any provision of the Association Documents by self-help (specifically including, but not limited to, the towing of vehicles that are in violation of parking rules and regulations in accordance with any applicable ordinance(s) of Onslow County, North Carolina) or by suit at law or in equity to enjoin any violation or to recover monetary damages or both without the necessity of compliance with the procedures set forth in Section 16.7 or in the Bylaws. 16.4 Cumulative RemedieslAttomeve Fees. The Regal Hill Association shall have all powers and remedies under the Act and the Association Documents which shall be cumulative of any remedies available at law or in equity. In any action to enforce the provisions of the Association Documents, if the Regal Hill Association prevails, it shall be entitled to 35 recover all costs, including, without limitation, attorneys fees and court costs, reasonably incurred in such action. 16.5 Rual Hill Association's Right Not to Take Action. The Regal Hill Association shall not be obligated.to pursue enforcement action in any particular case, such decisions to be within the discretion of the Board, except that the Board shall not be arbitrary or capricious in taking enforcement action. Without limiting the generality of the foregoing, the Board may determine that, under the circumstances of a particular case: (a) the Regal Hill Association's position is not strong enough to justify taking any or further action; or (b) the covenant, restriction or rule being enforced is, or is likely to be construed as, inconsistent with applicable law; or (c) although a technical violation may exist or may have occurred, it is not of such a material nature as to be objectionable to a reasonable person orjustify expending Regal Hill Association funds; or, (d) it is not in the best interest of the Regal Hill Association, based upon hardship, expense or other reasonable criteria, to pursue enforcement action. Such a decision shall not be construed a waiver of the right of the Regal Hill Association to enforce such covenant, restriction, rule or provision at a later time under other circumstances or preclude the Regal Hill Association from enforcing any other covenant, restriction, rule or provision, nor shall it preclude any Owner from taking action at law or in equity to enforce the Association Documents. 16.6 Enforcement by Owner. Nothing set forth in this Article 16 shall prevent any aggrieved Owner from instituting any available remedy in law or in equity for a violation of the Association Documents. 16.7 Hearing Procedures. Except as may be otherwise specifically authorized by the Association Documents, and permitted by the Association Documents, the Board shall not (i) impose a fine or penalty, (ii) undertake permitted remedial action, or (iii) suspend voting or infringe upon other rights of a Member or other occupant of a Lot or Dwelling Unit for violations of the Association Documents, or for assessments or other amounts due and owing to the Regal Hill Association remaining unpaid for a period of thirty (30) days, or longer, unless and until the following procedure is completed: (a) Written Demand. Written demand to cease and desist from an alleged violation shall be served upon the Responsible Person specifying (i) the alleged violation; (ii) the action required to abate the violation; and (iii) a time period, not less than five (5) days, during which the violation may be abated without further sanction, if such violation is a continuing one, or a statement that any further violation may result in the imposition of a sanction after notice and hearing if the violation is not continuing. (b) Notice. At any time within twelve (12) months following receipt of notice of the alleged violation, the Board, or an adjudicatory panel appointed by the Board, shall serve the Responsible Person (for purposes of this Section 16.7, the "Responsible Person" shall be any Member, Owner, or occupant of a Lot or Dwelling Unit) with a written notice of a hearing to be held by the Board of the Regal Hill Association in executive session or an 36 adjudicatory panel appointed by the Board; provided, however, any adjudicatory panel appointed by the Board shall be composed of members of the Regal Hill Association who are not officers of the Regal Hill Association or members of the Board. The notice shall contain: (i) the nature of the alleged violation; (ii) the time and place of the hearing, which shall not be less than ten (10) days from the giving of the notice; (iii) an invitation to attend the meeting and produce any statement, evidence and witness on his or her behalf; and (iv) the possible sanction to be imposed. The notice prescribed herein may be served by mailing a copy of said notice to the alleged violator by placing said notice in the United States mail, postage prepaid, by any method as permitted for the service of summons as set forth in Rule 4 of the North Carolina Rules of Civil Procedure or by the delivery of said notice by an officer, director or agent of the Regal Hill Association to the Responsible Person or to any person who may be sewed on the Responsible Person's behalf as provided in said Rule 4. (c) Hearing. The hearing shall be held in executive session of the Board or an adjudicatory panel appointed by the Board pursuant to the notice affording the member a reasonable opportunity to be heard. Prior to the effectiveness of any sanction hereunder, proof of notice and the invitation to be heard shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of deliver, is entered by the officer, director, or agent who delivered such notice. The notice requirement shall be deemed satisfied if the Responsible Person appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed. In addition, a written statement of the results of the hearing and the sanction, if any, imposed shall be mailed by the United States mail, postage prepaid, by the Regal Hill Association to the violator. (d) Appeal. If the hearing is held before an adjudicatory panel, following such hearing and notice of a decision adverse to the violator, the Responsible Person shall have the right to appeal the decision to the Board. To perfect this right, a written notice of appeal must he received by the managing agent of the Regal Hill Association, President or Secretary of the Regal Hill Association within fifteen (15) days after the date of the decision, said written notice to contain information by which the Board may notify the Responsible Person of the date of the appeal hearing. If no adjudicatory panel is appointed by the Board, no right of appeal shall exist. (e) Sanction as Assessment. Pursuant to the provisions of this Section, a fine may be imposed by the Regal Hill Association is an amount not exceeding One Hundred and No/100 Dollars ($100.00) (or any greater amount as may be provided otherwise by law or the Act) per violation of the Association Documents and without further hearing, for each day after five (5) days after the decision to impose such fine that the violation occurs. Any such fine shall be an assessment as set forth in this Declaration and the Act. If it is decided pursuant to the provisions of this Section that a suspension of privileges or services should be imposed, the suspension may be continued without further hearing until the violation or delinquency is cured. 37 Article 17. General Provisions. 17.1 Term, This Declaration shall run with and bind the Regal Hill Property, and shall inure to the benefit of and shall be enforceable by the Regal Hill Association or any Owner, their respective legal representatives, heirs, successors, and assigns, for a term of twenty-five (25) years from the date this Declaration is recorded. After such time, this Declaration shall be automatically extended for successive periods of ten (10) years, unless an instrument in writing, signed by a majority of the then Owners, has been recorded within the year preceding each extension, agreeing to amend, in whole or in part, or terminate this Declaration, in which case this Declaration shall be amended or terminated as specified therein. 17.2 Amendment. (a) By Declarant. During the Development Period, Declarant may unilaterally amend this Declaration for any purpose. Thereafter, Declarant may unilaterally amend this Declaration if such amendment is (i) necessary to bring any provision into compliance with any applicable governmental statutes, rule, regulation, orjudicial determination; (ii) necessary to enable any reputable title insurance company to issue title insurance coverage on the Lots; (iii) required by an institutional or governmental lender or purchaser of Mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable it to make or purchase Mortgage loans on the Lots; (iv) necessary to enable any governmental agency or reputable private insurance company to guarantee or insure Mortgage loans on the Lots; or (v) otherwise necessary to satisfy the requirements of any governmental agency for approval of this Declaration. However, any such amendment shall not adversely affect the title to any Lot unless the affected Owner shall consent thereto in writing. (b) By Owners. Except as otherwise specifically provided in this Declaration, this Declaration may be amended only by the affirmative vote or written consent, or any combination thereof, of Owners representing sixty-seven percent (67%) of the total votes in the Regal Hill Association. During the Development Period, the Declarant's written consent shall be required for any amendment to the Declaration. Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. (c) Validity and Effective Date of Amendments. Amendments to this Declaration shall become effective upon recordation in the Register of Deeds unless a later effective date is specified therein. In no event shall a change of conditions or circumstances operate to amend any provisions of this Declaration. If an Owner consents to any amendment to this Declaration or the Bylaws, it will be conclusively presumed that such Owner has the authority so to consent, and no contrary 38 provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment. No amendment may remove, revoke, or modify any right or privilege of Declarant without the written consent of Declarant or the assignee of such right or privilege as long as Declarant owns any portion of the Regal Hill Property. 17.3 Termination. The Regal Hill at Carolina Plantations planned development may only be terminated: (i) in accordance with the provision ofN.C.G.S. § 47F-2-118, and (ii) during the Development Period, with the written consent of the Declarant. 17.4 Litigation. Except as provided below, no judicial or administrative proceeding shall be commenced or prosecuted by the Regal Hill Association unless approved by a vote of sixty-seven percent (67°/u) of the Members and the consent of Declarant during the Development Period. ]'his Section shall not apply, however, to: (a) actions brought by the Regal Hill Association to enforce the provisions of the Association Documents (including, without limitation, the foreclosure of liens); (b) the imposition and collection of assessments as provided in Article 10; (c) proceedings involving challenges to ad valorem taxation; or (d) counterclaims brought by the Regal Hill Association in proceedings instituted against it. This Section shall not be amended unless such amendment is approved by the percentage of votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. No judicial, quasi-judicial, administrative or governmental proceeding shall be commenced or prosecuted by the Regal Hill Association against or involving Declarant unless approved by a vote of seventy-five percent (75%) of the Members. 17.5 Severability. Invalidation of any provision of this Declaration, in whole or in part, or any application of a provision of this Declaration by judgment or court order shall in no way affect other provisions or applications. 17.6 Use of the Words "Regal Hill at Carolina Plantations". No Person shall use the words "Regal Hill At Carolina Plantations" or any derivative, or any other term which Declarant may select as the name of this development or any component thereof, in any printed or promotional material without Declarant's prior written consent. However, Owners may use the words "Regal Hill at Carolina Plantations" in printed or promotional matter solely to specify that a particular property is located within the Regal Hill Property, and the Regal Hill Association shall be entitled to use the words "Regal Hill at Carolina Plantations" in its name. 17.7 Notice of Sale or Transfer of Title. Any Owner desiring to sell or otherwise transfer title to his or her Lot shall give the Board at least seven (7) days prior written notice of the name and address of the purchaser or transferee, the date of Stich transfer of title, and such other information as the Board may reasonably require. The transferor shall continue to be jointly and severally responsible with the transferee for all obligations of the Owner of the Lot, including assessment obligations, until the date upon which such notice is received by the 39 Board, notwithstanding the transfer of title. The Regal Hill Association may require the payment of a reasonable administration or registration fee by the transferee. 17.8 Attorneys'. In the event of an action instituted to enforce any of the provisions contained in the Association Documents, the party prevailing in such action shall be entitled to recover from the other party thereto as part of the judgment, reasonable attorneys' fees and costs, including administrative and lien fees, of such suit. In the event the Regal Hill Association is a prevailing party in such action, the amount of such attorneys' fees and costs shall be a Benefited Assessment with respect to the Lot(s) involved in the action. IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration thisgPday of January, 2011. CAROLINA PLANTATION DEVELOPMENT STATE OF NO TH CAROLINA COUNTY OFL)4—�IOVV I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document for the purpose(s) stated therein and, if other than in an individual capacity, in the capacity indicated having been first authorized to do so: Anthony W. Svdes, President of Carolina Plantation Develcpmrrt Corporation. Date: 01 1 00 M 11 Si jlture of Notary Pudic P(�DNl✓!kI Notary's printed or My commission expires: or stamp must appear within this box. 41 name CONSENT OF LIENHOLDER Anthony W. Sydes, ("Lender") is the holder of the beneficial interest under that certain deed of trust dated March 10, 2010 given by Declarant for the use and benefit of Lender, covering all or portions of the Regal Hill Property, and recorded on October 20, 2010, in Book 3490, at Page 899 in the office of the Register of Deeds of Onslow County, North Carolina, WASLA W, LLC is the trustee under said deed of trust ("Trustee"). Lender and Trustee hereby join in the execution of this Declaration to consent to the terms hereof, and to all restrictions, covenants, terms, easements, obligations and other matters set forth in this Declaration, as the same may hereafter be amended, modified, supplemented, or changed. IN TEST ONY WHEREOF, the parties have properly executed and sealed this Declaration, this the J'WM day of January, 2011. _A_ /' V. (SEAL) Wfftfiony W. Sycl STATE OF NORTH CA�RO�L�`A COUNTY OF Q116 j()�►/V I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document for the purpose(s) stated therein, in the capacity indicated therein: Anthony W. Sydes. �— -11 Date: -,`1 x I I Si ,ature of Notary L�il� I `f' 1 Notary's printed or t My commission expires: (Official Seal t; ; H P. Ql//;ri /I �<<CFTA4 ,�(._'J� e • .. OAS ...�\ '//';1 4 pit U���r Notary seal or stamp must appear within this box. 42 W1✓ q name t Dl WASLAW, LLC (SEAL) By: Ward and Smith, P.A. (SEAL) Member/Manager By: fi (SEAL) t t. a< Vice President STATE OF NORTH CAROLINA COUNTY OP C,PLRde A 1 certify that the following person personally appeared before me this day, acknowledging to me that he/she signed the foregoing document for the purpose(s) stated therein, in the capacity indicated therein: C_AV ova. �Sr . Date: i\ x� l �l Signoan e of Nntary Puhlic Notary's printed or typed name My commission expires: -OVA i7_su Seal) �pTApr ,o0 B\-\G Notary seal or stamp must appear within this box. ND: a834-2665-8056,v. I 43 EXHIBIT A That tracts or parcels of land lying and being situate in Onslow County, North Carolina, and being more particularly described as Lots 247 through 274 on the map entitled "REGAL HILL AT CAROLINA PLANTATIONS A PLANNED RESIDENTIAL DEVELOPMENT' recorded in Map Book 61, Page 91 in the . office of the Register of Deeds of Onslow County, North Carolina. EXHIBIT B Initial Use Restrictions The following restrictions shall apply to all of the Regal Hill Property until such time as they are amended, modified, repealed or limited pursuant to the Declaration. 1. Use. No Lot shall be used for any purpose other than as a single family residence. Except as otherwise provided herein, only one (1) single family dwelling designated for use as, and used as, a single family residential dwelling may be constructed, erected, used or allowed to remain on any Lot. Each Lot shall be used for single-family residential purposes only and no more than one (1) single family (and its attendant butler, maid or nanny) may reside on a Lot at any one time. Except as hereinafter provided, no Lot shall be used for an office, busuiess, or other operation to which persons physically visit to obtain goods or services; no goods shall be stored on a Lot for the purpose of delivery to persons not residing on that Lot; and no goods shall be delivered to a Lot by delivery trucks or otherwise if the goods are intended to be delivered thereafter to persons not residing on that Lot. The foregoing notwithstanding, the storage by an occupant living in the residential dwelling on a Lot of goods intended to be delivered as gifts to a fancily member or personal acquaintance of said occupant is not prohibited by this Section. No lot may be used for a daycare center, after -school care center, nursery or similar use. However, it shall not be a violation of these restrictions for an occupant residing on a Lot to hire a sitter or other caregiver to come upon that Lot to care for members of said occupant's family who also reside on that Lot. Nothing in the Association Documents shall be construed to prohibit the Declarant or its assignees from using any Lot owned by the Declarant (or any other Lot with the permission of the Owner thereof) or any portion of the Regal Hill Common Elements for promotional, marketing, display or customer service purposes (such as a visitors' center) or for the settlement of sales of Lots. Further, the Declarant specifically reserves the right to operate a construction office or a rental, brokerage and management office at any time on Lots owned by the Declarant (or any other Lot with the permission of the Owner thereof) and on any portion of the Regal Hill Common Elements. The Declarant may assign its rights under this subsection to or share such rights with one or more other Persons, exclusively, simultaneously or consecutively with respect to the Regal Hill Common Elements and Lots owned by the Declarant or such Persons. 2. Restricted Activities. The following activities are prohibited within the Regal Hill Property unless expressly authorized by, and then subject to such conditions as may be imposed by, the Board of Directors: (a) Any activity which tends to cause an unclean, unhealthy or unsafe condition to exist outside of enclosed structures on the Lot; (b) Any activity which emits foul or obnoxious odors, fumes, dust, smoke, or pollution outside the Dwelling Unit or which creates noise, unreasonable risk of fire or explosion, or other conditions which are a nuisance; (c) Any activity which violates local, state or federal laws or regulations; (d) Outside burning of trash, leaves, debris or other materials; (e) Outdoor storage of goods, materials, or equipment, except that outdoor storage of building materials shall be permitted during construction on the Lot on which such materials are being stored; (f) Any activity which would constitute a public or private nuisance; (g) Dumping grass clippings, leaves or other debris, petroleum products, fertilizers, or other potentially hazardous or toxic substances in any storm sewer, drainage ditch, or other component of the storm drainage system serving the Regal Hill Property, any stream, pond, or lake, or elsewhere within the Regal Hill Property, except that fertilizers may be applied to landscaping on Dwelling Units provided care is taken to minimize runoff, and Declarant may dump and bury rocks and trees removed from a building site on such building site; (h) Subdivision of a Lot into two or more Lots, or changing the boundary lines of any Lot after a Recorded Plat including such Lot has been approved and recorded, except that Declarant shall be permitted to subdivide or replat Lots which it owns; (i) All window coverings utilized and maintained in a Dwelling Unit shall be white backed, so that the portion of all such window coverings visible from the exterior of the Dwelling Unit are all white. (j) Use of any Dwelling Unit for a Business or Trade, except that an Owner or occupant residing in a Dwelling Unit may conduct business activities within the Dwelling Unit so long as: (i) the existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from outside the Dwelling Unit; (ii) the business activity conforms to all zoning requirements for the Regal Hill Property: (iii) the business activity does not involve door- to-door solicitation of residents of the Regal Hill Property; (iv) the business activity does not, in the Board's reasonable judgment, generate a level of vehicular or pedestrian traffic or a number of vehicles being parked in the Regal Hill Property which is noticeably greater than that which is typical of Dwelling Units in which no business activity is being conducted; and (v) the business activity is consistent with the residential character of the Regal Hill Property and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Regal Hill Property, as may be determined in the sole discretion of the Board. Leasing of a Dwelling Unit shall not be considered Business and Trade. This subsection shall not apply to any activity conducted by Declarant with respect to its development and sale of the Regal Hill Property or its use of any Dwelling Units which it owns within the Regal Hill Property; (k) Any activities which materially disturb or destroy the vegetation, wildlife, wetlands, or air quality within the Regal Hill Property or which use excessive amounts of water or which result in unreasonable levels of sound or light pollution; (1) Vehicles and Parkine. Vehicles, including without limitation, automobiles, trucks, boats, trailers, motorcycles, campers, vans, and recreational vehicles, shall be parked in accordance with the following: i. Except when used during and as a part of the construction of a residential dwelling on the Lot, no trucks or buses (other than pickup trucks of one (1) ton capacity or less, small vans, or small trailers) shall be parked overnight on any Lot except in an enclosed garage. A pleasure boat on its trailer and recreational vehicles may be parked or stored on a Lot behind the front face of the Dwelling Unit located on the Lot and not nearer than ten (10) feet to any side or rear lot line or nearer than twenty-five (25) feet to the right of way of any street. ii. All vehicles parked on any Lot shall have current license plates and registration and, if the vehicle is a motor vehicle, the vehicle shall have a current motor vehicle inspection sticker. iii. No vehicle or other item may be parked on any street or street right-of- way except by contractors during the construction of a Dwelling Unit on a Lot, or during the construction of the streets and utilities of the Subdivision. iv. Each Lot shall contain off street parking spaces for parking two (2) automobiles. (in) No above -ground swimming pool shall be located on a Lot. (n) Removal, alteration, damage or change to any of the Stormwater Management Facilities is prohibited without Declarant approval. (o) The Regal Hill Association may adopt reasonable rules regarding household pets designed to minimize damage and disturbance to other Owners and occupants, including rules requiring damage deposits, waste removal, leash controls, noise controls, pet occupancy limits based on size and facilities of the Lot and fair share use of the Regal Hill Common Elements. Nothing in this provision shall prevent the Regal Hill Association from requiring removal of any animal that presents an actual threat to the health or safety of residents or from requiring abatement of any nuisance or unreasonable source of annoyance. No Owner shall be permitted to raise, breed or keep mammals, birds, fish, or reptiles of any kind for commercial purposes. (p) Every storage tank, including but not limited to fuel storage tanks, and every outdoor receptacle for ashes, trash, rubbish or garbage shall be installed underground, screened with fences or shrubs or placed and kept so as not to be visible from other Lots or from any street. (q) No outdoor clotheslines shall be located on a Lot. (r) All Lots upon which a Dwelling Unit has been constructed shall be well maintained and no unattractive growth shall be permitted. No accumulation of rubbish or debris shall be permitted on any Lot. 3. Prohibited Uses. In addition to uses which are inconsistent with applicable zoning or are prohibited or restricted by other recorded covenants, conditions, restrictions or easements, the following uses are prohibited within the Regal Hill Property: (a) trailer courts, mobile home parks, and recreation vehicle campgrounds; (b) oil, gas or.mineral exploration; drilling, boring, excavation, development, refining, quarrying, or mining operations, and all construction and equipment incident thereto; and oil or gas wells or related equipment or facilities; (c) commercial excavation of building or construction materials, except in the usual course of construction of improvements; Prohibited Conditions. The following shall be prohibited at the Regal Hill Property (a) ` Plants, animals, devices or other things of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the Regal Hill Property; (b) Structures, equipment or other items on the exterior portions of a Dwelling Unit which have become rusty, dilapidated or otherwise fallen into disrepair; (c) Satellite dishes, antennae and similar devices for the transmission of television, radio, satellite, or other signals of any kind, except that Declarant and the Regal Hill Association shall have the right, without obligation, to erect or install and maintain any such apparatus for the benefit of all or a portion of the Regal Hill Property. Notwithstanding the foregoing, (i) antennae or satellite dishes designed to receive direct broadcast satellite service which are one meter or less in diameter; (ii) antennae or satellite dishes designed to receive video programming services via multi -point distribution services which are one meter or less in diameter or diagonal measurement; or (iii) antennae or satellite dishes designed to receive television broadcast signals which are one (1) meter or less in diameter ("Permitted Devices") shall be permitted, provided that any such Permitted Device is placed in the least conspicuous location on the Lot in which an acceptable quality signal can be received and is screened from the view of adjacent Dwelling Units, streets and Regal Hill Common Elements in a manner consistent with the Community -Wide Standard and the Architectural Guidelines. EXHIBIT C Portion of Optional Additional Property Declarant may, but is under no obligation to, subject additional real property to this Declaration, including without limitation the following: All that certain tract or parcel of land lying and being situate in Jacksonville Township, Onslow County, North Carolina, and being more particularly described in the deeds recorded in Deed Book 2149, Page 44, and in Deed Book 2347, Page 851. Less and except from the above described tract that property being described as follows: Commencing at the Northwest corner of the above described tract, said point being on the Western Line of the aforementioned Sydes Tract as recorded in Deed Book 2149, Page 44; thence with said Western lines, South 27 degrees 09 minutes 40 seconds East, 38.19 feet to an iron stake found; thence South 03 degrees 34 minutes 21 seconds East, 50.41 feet to an iron stake found; thence South 15 degrees 30 minutes 37 seconds West, 94.26 feet to an iron stake found; thence leaving said Western Lines, North 85 degrees 32 minutes 12 seconds East, 106.23 feet to a point; the TRUE POINT OF BEGINNING; THENCE from said point of beginning, North 65 degrees 07 minutes 29 seconds East, 208.58 feet to a point; thence South 36 degrees 27 minutes 38 seconds East, 507.23 feet to a point; thence South 40 degrees 23 minutes 24 seconds West, 46.17 feet to a point; thence along the arc of a curve having a radius of 470.0 feet and curving to the right, 48.71 feet (Chord South 43 degrees 21 minutes 34 seconds West, 48.69 feet) to a point; thence South 46 degrees 19 minutes 43 seconds West, 230.01 feet to a point; thence North 52 degrees 07 minutes 55 seconds West, 241.02 feet to a point; thence North 37 degrees 52 minutes 05 seconds East, 47.54 feet to a point; thence along the are of a curve having a radius of 25.0 feet and curving to the right, 21.03 feet (Chord North 61 degrees 57 minutes 47 seconds East, 20.41 feet) to a point; thence along the are of a curve having a radius of 50.0 feet and curving to the left, 171.61 feet (Chord North 12 degrees 15 minutes 58 seconds West, 98.95 feet) to a point; thence North 20 degrees 35 minutes 23 seconds West, 275.44 feet to the point and place of beginning. The described exception tract contains 3.70 acres, more or less, and being a portion of that property as recorded in Deed Book 2149, Page 44. All courses are referenced to GPS Grid North, NAD'83, 2007 adjustment. This description being prepared by Parker and Associates, Inc. from surveyed and computed information. 1 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, Anthony W. Sydes , 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 SW8 100714 , 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 built -upon area per lot, in square feet, is as listed below: Subdivision Name # of Lots BUA per lot (smft.) Great Neck Section II 90 4,500 Regal Hill 28 3,500 Tinley Estates 23 4,500 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. Each lot will maintain a 50** foot wide vegetated buffer between all impervious areas and surface waters. 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 swales 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. r�evv pp pprry� ��.o�O V�r l� SEP 2 4 2094 Fonn DRPC-3 Rev.2 05Nov2009 Page I of 2 R Y..___ 40 High Density Residential Subdivisions Deed Restrictions & Protective Covenances 9 ME M$WY%/�^ V State of N G do hereby certify that -fi/ oyl before me this the �h day of cuuuttionn of the K//vP1, Commission expires /1 a Notafy Public in the County of J/jqW _pers'onally appeared 20 )L, and acknowledge ig instrument. Witness my hand and official,�ee�I;����;��ii� <:PY`Q✓/ ,:: /qq , 44 97 SEA�TA �Ig 'moo UBL\� v �0W C0UVI��`� Form DRPC-3 Rev.2 05Nov2009 Page 2 of 2 CFDVF= SEP 2 4 2014 By:. I' i 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, , acknowledge, affirm and agree by my signature below, that I will cause the fol owing od restrictions and covenants to be recorded prior to the sale of any lot: The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number swg i nmi 4 as issued by the Division of Water Quality 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 Water Quality. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 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 45 D ft' -Great Neck. Sac+inn II Lots 142-231 3500 ft' - Regal Hill Lots 247-274 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. 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 swales 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. Form DRPC-3 Rev.2 05Nov2009 Page 1 of cFP 0 9 2010 re High Density Residential Subdivisions Deed Restrictions & Protective Covenances Si State of Nord CCIr/d��1� t\a County of Or1S�oW do hereby certify that NAI SDI sk S personally appeared before me this the o1q day of �JLA.``I 20 � � , and acknowledge the a execution of the foregoing instrument. Witness my hand and official gnature My Commission expires Jl�l�y ao�3 L Q Notary Public +. Onslow County My Commission Expire^ 07F0612013 AUG 1 7 2010 Form DRPC-3 Rev.2 05Nov2009 Page 2 of 2 SOSID: 1157091 Date Filed: 6/30/2010 3:10:00 PM Elaine F. Marshall North Carolina Secretary, of State C201018100233 ARTICLES OF INCORPORATION OF CAROLINA PLANTATIONS OWNERS ASSOCIATION (A NONPROFIT CORPORATION) 1, the undersigned individual, hereby do make and acknowledge these Articles of Incorporation ("Articles") for the purpose of forming a nonprofit corporation under and by virtue of the laws of the State of North Carolina as contained in Chapter 55A of the General Statutes of North Carolina, entitled "North Carolina Nonprofit Corporation Act," and the several amendments thereto, and to that end do hereby set forth: Name: The name of the Corporation is Carolina Plantations Owners Association (the "Association"). apply: 2. Duration: The period of duration of the Association shall be perpetual. 3. Definitions: As used in these Articles, the following definitions shall (a) Capitalized terms shall have the same meaning specified for such terms as more particularly set forth in the Declaration of Carolina Plantations, and any amendments thereto (collectively, the "Declaration") recorded or to be recorded in the Register of Deeds of Onslow County, North Carolina, unless such terms otherwise are specifically defined herein; and, (b) References to the "North Carolina Nonprofit Corporation Act" shall mean Chapter 55A of the General Statutes of North Carolina; and, (c) References to the "North Carolina Planned Community Act" shall mean Chapter 47F of the General Statutes of North Carolina; and, (d) References to the "Code" shall mean the Internal Revenue Code of 1986, as amended. 4. Purpose: The Association is organized and will be operated consistent with the North Carolina Planned Community Act ("Act") to undertake and perform any and all activities, responsibilities, and obligations applicable to the Association set forth in the Act and the Association Documents.pl�N °'—% VV JUL 2 ) 2821 By`_ In order to achieve the foregoing purposes, the Association shall have the following powers and authorities: (a) To exercise all powers and rights and perform all of the acts and duties and obligations of the Association as more particularly described in the Act and the Association Documents; and, (b) To undertake any activity whatsoever that is in furtherance, directly or indirectly, of the purposes of the Association set forth above; and (c) To take any and all action necessary and appropriate to qualify the Association under Code Section 528 and to elect that the Association be taxed under Code Section 528, if such qualification and election is determined by the directors of the Association to be in the best interests of the Association; and, (d) To take any and all action necessary and appropriate to qualify the Association under Sections 105-125(a)(8) and 105-130.11(a)(11) of the General Statutes of North Carolina, if such Sections are applicable. Provided, however, and notwithstanding any power or authority set forth above in this Article, the Association shall have the power and authority to engage on�l y in activities that meet each of the following requirements: (aa) Such activities are not broader than those activities that may be undertaken by a nonprofit corporation pursuant to the North Carolina Nonprofit Corporation Act; and, (bb) Such activities are not broader than those activities that may be undertaken by the Association pursuant to the Declaration; and, (cc) Such activities are not broader than those activities that may be undertaken by a planned community pursuant to the Act. 5. Initial Directors: The number of directors constituting the initial Board of Directors shall be three (3), and the names and addresses of the persons who shall serve as directors until successors shall be elected and qualified, are as follows: Name Anthony W. Sydes David M. Sydes Nolan W. Sydes Address 4355-B Gum Branch Road Jacksonville, NC 28540 4355-B Gum Branch Road Jacksonville, NC 28540 4355-B Gum Branch Road Jacksonville, NC 28540 Subsequent Boards of Directors, the number of directors, their terms of office, and the method of their selection shall be provided for and determined as is set forth in the Bylaws of the Association. 6. Nonprofit Issues: The Association is not organized and shall not be operated for pecuniary gain or profit. No part of the net earnings of the Association shall inure to the benefit of, or be distributable to, its members, directors, officers, or any other individuals, other than (a) reasonable compensation paid by the Association for services actually rendered or other value received, (b) by acquiring or providing management, maintenance, and care of any property as may be set forth in the Declaration and by undertaking any other responsibilities of the Association as set forth in the Association Documents, and (c) by rebating excess membership dues, fees, or assessments, if applicable, pursuant to Section 55A-13-02(b)(3) of the North Carolina Nonprofit Corporation Act. Members: The Association shall have members, and the qualifications and rights of members shall be set forth in the Bylaws of the Association. Dissolution: In the event of dissolution of the Association, any net assets remaining after the satisfaction of the Association's liabilities shall be transferred and delivered (a) to one (1) or more nonprofit corporations formed under the North Carolina Nonprofit Corporation Act, as shall be selected by the Board of Directors of the Association, that are organized generally for purposes similar or related to those set forth in Article 4 hereof, or (b) as otherwise permitted or required by law. Reeistered Office and Agent: The street address of the initial registered office of the Association is 4355-B Gum Branch Road, Jacksonville, Onslow County, North Carolina 28540; the mailing address of the initial registered office of the Association is PO Box 7122, Jacksonville, North Carolina 28540; and the name of the initial registered agent at such address is Anthony W. Sydes. 10. Principal Office: The street address of the Association's principal office is 4355-B Gum Branch Road, Jacksonville, Onslow County, North Carolina 28540; and the mailing address of the Association's principal office is PO Box 7122, Jacksonville, North Carolina 28540. 11. Limitation on Personal Liability: To the fullest extent provided by law, no director of the Association shall be personally liable for monetary damages arising out of an action, whether by or in the right of the Association or otherwise, for breach of any duty as a director. 12. Duty and Obligation of Association to accept Transfers: Notwithstanding any other provision of these Articles and the Association's Bylaws, the Association shall have the duty and obligation to perform the following acts: Subject to the terms and conditions of applicable provisions in the Declaration regarding the Permit and Stormwater Management Facilities, or the Permit itself: (a) to accept transfer of (i) the Permit from the Declarant and (ii) Declarant's responsibilities under the Permit upon tender of the transfer of such responsibilities by Declarant to the Association, (b) to take any and all actions necessary to be done by the Association regarding the Permit (including without limitation, amending these Articles or the Association's Bylaws), and (c) to execute all documents required to be executed by the Association in order to allow such transfers to occur. 13. Disapproval Power of Declarant: Pursuant to the authority granted in Section 55A-8-01(c) of the North Carolina Nonprofit Corporation Act, the Declarant shall have the power to disapprove all actions taken by the Board of Directors of the Association or by any committee of the Association as may have been appointed by the Board of Directors or established by the Bylaws or the Declaration. The Declarant's disapproval power shall begin as of the incorporation date of the Association and shall terminate on the earlier to occur of: (a) the expiration of the Development Period, or (b) the date such right is relinquished by Declarant by a signed document recorded in the Register of Deeds terminating the disapproval rights set forth in this Article. During such time as the Declarant's disapproval power is in effect as set forth above, the Board of Directors and any committee of the Association shall communicate in writing by certified mail, return receipt requested, to the Declarant any and all action taken by 4 the Board of Directors or committee, as applicable, within two (2) business days of taking action, and the Declarant shall have ten (10) business days after receipt of such communication in which to disapprove such action by delivering written notice of the Declarant's disapproval to the Secretary of the Association. 14. Declarant Approval of Changes to Association Documents: No Amendment to Association Documents shall be effective and enforceable until approved in writing by the Declarant. This requirement of written approval by the Declarant of any amendments to the Association Documents shall begin as of the incorporation date of the Association and shall terminate on the earlier to occur of (a) the expiration of the Development Period, or (b) the date such right is relinquished by Declarant by a signed document recorded in the Register of Deeds terminating the approval rights set forth in this Article. 15. Amendments to Articles of Incorporation: Amendment of these Articles may only be undertaken consistent with the applicable provisions of the North Carolina Nonprofit Corporation Act, and with the required affirmative consent of not less than a seventy-five percent (75%) vote of all of the members of the Association entitled to vote; subject, however, (a) to the Declarant's power to approve any amendments to these Articles set forth above in Article 14 hereof, (b) to the Declarant's power to amend these Articles set forth below in Article 16 hereof, and (c) certain limitations on voting rights of members of the Association on amendments to these Articles set forth in the Bylaws. 16. Declarant Power to Amend Articles of Incorporation and Bylaws: Until the amendment power of the Declarant terminates as is provided in this Article, the Declarant shall have the authority (instead of the Board of Directors having such authority as such limitation of the Board of Directors authority as is permitted in Section 55A-8-01(c) of the North Carolina Nonprofit Corporation Act) to amend the Articles of Incorporation and the Association's Bylaws without the joinder or consent of any other Person if such amendment is authorized or required pursuant to the Declaration or by any governmental agency for governmental approval, including, but not limited to, (a) compliance with any requirements imposed by any agency of the State of North Carolina; or (b) compliance with any rule or regulation of the Department of Housing and Urban Development, the Veterans Administration, or their successors. The Board of Directors shall not have the authority for such period either to amend these Articles to preempt Declarant's authority or to amend these Articles to preempt any action taken by Declarant in the exercise of Declarant's authority. The aforementioned right of the Declarant shall begin as of the incorporation date of the Association and shall terminate on the earlier to occur of: (aa) the expiration of the Development Period, or (bb) the date such right is relinquished by Declarant by a signed document recorded in the Register of Deeds terminating the power to amend as set forth in this Article. 17. Incorporator: The name and address of the incorporator are Adam M. Beaudoin, 127 Racine Drive, Post Office Box 7068, Wilmington, NC 28406-7068. IN TESTIMONY WHEREOF, I have hereunto set my hand, this the 29th day of June, 2010. Adam M. Beaudoin, Incorporator Please Return To: Adam M. Beaudoin For the firm of Ward and Smith, P.A. University Corporate Center 127 Racine Drive PO Box 7068 Wilmington, NC 28406-7068 Telephone: (910) 794-4800 Facsimile: (910) 794-4877 ND: 4835-1543.4246, v. 1