Loading...
HomeMy WebLinkAboutSW3130902_Deed Resrictions and Protective Covenances_20131008 L it__- , t tON Low Density Residential Subdivisions with Curb Outlet Swales Of l # Deed Restrictions & Protective Covenances � In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Reg'U'l-A gp(J" {'e deed restrictions and protective covenants are required for Low Density Residential Subdivisions with curb outlet swales, where lots will be subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built-upon"area consistent with the applicable regulation governing the density level. I, Melvin F. Graham acknowledge and affirm by my signature below, that I will cause the following deed restrictions and protective covenants to be recorded for Highclere prior to the sale of any lot: 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number i6' 1 ®go z--, 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 The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. 5.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 9,500 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, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. 7. In the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management calculates a different maximum allowable built-upon area for that lot than is shown herein, the governing maximum built-upon area for that lot shall be the most restrictive of the two. 8. This project proposes a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100'long with 5:1 (H.V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. 9. Filling in or piping of any vegetative conveyances(ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons. 10. Each lot will maintain a 30*foot wide vegetated buffer between all impervious areas and surface waters. 11. All roof drains shall terminate at least 30*foot from the mean high water mark of surface waters. 12. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. *50 foot for projects located in the 20 coastal counties. Form DRPC-6 Rev2 05Nov2009 Page 1 of 2 Low Density Residential Subdivisions with Curb Outlet Swales Deed Restrictions & Protective Covenances Signature: Date: 0 l I, c 1 � , a Notary Public in the State of jdb C��� , County of �� ��� �� 4 , do hereby certify that « personally appeared before me this the day of Avio.! , 20 ( , and acknowledge the due execution of the foregoing instrument.Witness my hand and official seal, e OQi /- � Signature My Commission expires l d U s�� Pusolj o 0 G e ;�t�N BUNG.•`°• Form DRPC-6 Rev2 05Nov2009 Page 2 of 2 Permit No. (to be provided by DEMLR) State of North Carolina Department of Environment and Natural Resource -' � f- i 5 Division of Energy,Mineral and Land Resources �' '` r ¢y STORMWATER MANAGEMENT PERMIT APPLICATION FORM LOW DENSITY SUPPLEMENT 13 This form may be photocopied for use as an original' A low density project is one that meets the appropriate criteria for built upon area and transports stormwater runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be found in Session Law 2008-211, 15A NCAC 2H .1000, Session Law 2006-246 and the State of North Carolina Stormwater Best Management Practice Manual. Curb and gutter systems are allowed provided they meet the requirements in 15A NCAC 2H .1008(g). I. PROJECT INFORMATION Project Name : Highclere Contact Person: Melvin F. Graham Phone Number: ( 704 )552-5338 Number of Lots:45 Allowable Built Upon Area (BUA)Per Lot*:9,666 Number of Dwelling Units Per Acre**:0_8 Low Density Development(check one): ❑ without curb &gutter ® with curb &gutter, outlets to (check one): ® Swales ® Vegetated Area *If lot sizes are not uniform,attach a table indicating the number of lots,lot sizes and allowable built upon area for each lot. The attachment must include the project name,phase,page numbers and provide area subtotals and totals. BUA shall be shown in units of square feet. **(Phase II Post-Construction[non-SA]only) II. BUILT UPON AREA Refer to DEMLR's forms and applications website for specific language that must be recorded in the deed restrictions for all subdivided projects. (httpa/portal.ncdenr.orlwebllrlstate-stormwater-forms does) Complete the following calculation in the space provided below where: • SA Site Area- the total project area above Mean High Water. • DF Density Factor- the appropriate percent built upon area divided by 100. • RA Road Area - the total impervious surface occupied by roadways. • OA Other Area- the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks,etc. • No. of Lots - the total number of lots in the subdivision. • BUA per Lot - the computed allowable built upon area for each lot including driveways and impervious surfaces located between the front lot line and the edge of pavement. • Total allowable lot BUA - the computed allowable built upon area for all lots combined. • Total BUA from lot listing- the sum of built upon area allocated for each lot on the list of non-uniform lots. Form SW401-Low Density-Rev.3-2/10/09 Page 1 of 4 Calculation: For uniform lot sizes: (SA: 2,422,855 ft2 x DF: .24) - (RA: 140,978 ft2)- (OA: 5,535 ft2) = BUA per Lot=9,666 ft2 (No of Lots: 45) For non-uniform lot sizes: a. (SA: ft2 x DF: )-(RA: ft2) - (OA: ft2) =Total allowable lot BUA= ft2 b. Total BUA from lot listing: sf. b must be<a III. DESIGN INFORMATION Complete the following table. If additional space is needed the information should be provided in the same format as Table 1 and attached to this form. Rainfall intensity data can be found in Appendix 8.03 of the State of North Carolina Erosion and Sediment Control Planning and Design Manual or at http://hdsc.nws.noaa.gov/hdsc/Pfds/ Table 1. Swale design information based on the 10-year storm. Swale No. Drainage Impervious Grassed C Q Slope Vailo, Vactual Flow Area(ac) Area(ac) Area (ac) (cfs) (%) (fps) (fps) Depth (ft) 1 .94 .47 .47 .62 4.12 1.0 4.5 1.49 .57 2 1.99 .56 1.43 .48 10.87 .8 4.50 1.76 .93 3 1.61 .51 1.10 .50 16.58 1.1 4.50 2.21 1.04 4 1 .35 .26 .09 .78 1.92 .8 4.50 1.12 .42 5 .55 .31 .24 .66 2.57 1.5 4.50 1.52 .41 6 .5 .29 .21 .67 2.37 2.9 4.50 1.90 .34 7 .53 .29 .24 .65 2.43 .5 4.50 .52 1. 8 .98 .52 .46 .64 4.43 1. 4.50 .59 1.52 9 .44 .22 .22 .62 1.92 .5 4.50 .47 .94 10 .59 .30 .29 .63 2.61 .8 4.50 .49 1.22 11 .49 .22 .27 .59 2.03 2. 4.50 .49 1.22 12 .45 .29 .16 .72 2.27 3.3 4.50 .32 1.96 13 .37 .22 .15 .68 1.78 1.5 4.50 .35 1.38 14 .28 .21 .07 .79 1.55 1.6 4.50 .32 1.36 15 .42 .30 .12 .76 2.25 2.3 4.50 .35 1.72 16 .59 .22 .37 .54 2.24 2.7 4.50 .34 1.82 17 18 19 20 Form SW401-Low Density-Rev.3-2/10/09 Page 2 of 4 IV. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the North Carolina Administrative Code Section 15A NCAC 2H .1000, NCDENR BMP Manual (2007), Session Law 2006-246, and Session Law 2008-211. 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 that the following requirements have been met and supporting documentation is provided as necessary. If the applicant has designated an agent on the Stormwater Management Permit Application Form, the agent may initial below. If any item is not met, then_justification must be attached. Only complete items n through p for projects with curb outlets. Page/Plan Initials Sheet No. W1A a. ' For projects in the 20 coastal counties: Per NCAC 2H.1005, a 50 foot wide vegetative buffer is provided adjacent to surface waters. For Redevelopment projects, a 30' wide vegetative buffer adjacent surface waters is provided. F- b. ' For HQW or ORW projects outside the 20 coastal counties: A 30 foot wide vegetative buffer is provided adjacent to surface waters. c.' For Phase II Post-Construction projects: All built upon area is located at least 30 feet landward of all perennial and intermittent surface waters. AL> d. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive covenant. A copy of the recorded document shall be provided to DWQ within 30 days of platting and prior to the sale of any lots. G-Z• e. Built upon area calculations are provided for the overall project and all lots. A/1�. f. Project conforms to low density requirements within the ORW AEC. (if applicable per 15A NCAC 2H .1007) P-Arri_ g. Side slopes of swales are no steeper than 3:1; or no steeper than 5:1 for curb outlet swales. ?•� h. Longitudinal slope of swales is no greater than 5%;for non-curb outlet projects, calculations for shear stress and velocity are provided if slope is greater than 5%. i. At a minimum, swales are designed to carry the 10 year storm velocity at a non-erosive rate. °+Ili j. Swales discharging to wetlands are designed to flow into and through the wetlands at a non- erosive velocity (for this flow requirement into wetlands, non-erosive is velocity<2 ft/s). '7•4 k. Swale detail and permanent vegetation is specified on the plans. c-sA 1. Swale detail provided on plans; includes grass type(s)for permanent vegetative cover. ac 6-7,9 m. Swales are located in recorded drainage easements. G.-ti•® in. Length of swale or vegetated area is at least 100 feet for each curb outlet. c O.,> o." The system takes into account the run-off at ultimate built-out potential from all surfaces draining to the system (delineate drainage area for each swale). C-A'�•a p.'' Curb outlets direct flow to a swale or vegetated area. t Projects in the Neuse,Tar-Pamlico,Catawba River basins,and Randleman Lake may require additional buffers. " Only complete these items for projects with curb outlets. Form SW401-Low Density-Rev.3-2/10/09 Page 3 of 4 V. SWALE SYSTEM MAINTENANCE REQUIREMENTS 1. Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches at any time; and grass will not be mowed too close to the ground or"scalped". 2. Swales will be inspected monthly or after every runoff producing rainfall event for sediment build-up, erosion, and trash accumulation. 3. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded or sodded following sediment removal. 4. Eroded areas of the swales will be repaired and reseeded. Swales will be revegetated as needed and in a timely manner based on the monthly inspections. Side slopes must be maintained at the permitted slope. 5. Catch basins, curb cuts, velocity reduction devices, and piping will be inspected monthly or after every significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts, velocity reduction devices and piping. 6. Swales will not be altered, piped, or filled in without approval from NCDENR Division of Energy, Mineral and Land Resources. I acknowledge and agree by my signature below that I am responsible for the performance of the six maintenance procedures listed above. I agree to notify DEMLR of any problems with the system or prior to any changes to the system or responsible party. Print Name and Title: ALA 1 N Address: Phone: 2 Date: , Signature: a 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, / � � a Notary Public for the State of PbZA 4,County of do hereby certify that_ ��� �+^ personally appeared before me this day of ,_ j ,and acknowledge the due execution of the forgoing swale maintenance requirements. Witness my hand and official seal, Notary signa`�Vkuu11rl>>., ®fig J K4�Gf�®'f� ®� �`� My commission expires d 111 Form SW401-Low Density-Rev.3-2110109 Page 4 of 4