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12DecmeberPB RANDOLOPH COUNTY PLANNING AND DEVELOPMENT 204 E Academy Street, Asheboro NC 27203 (336) 318-6555 DUE TO COVID-19, WE WILL TAKE NECESSARY PRECAUTIONS TO FOLLOW SOCIAL DISTANCING RECOMMENDATIONS FOR THE SAFETY OF OUR CITIZENS, BOARD MEMBERS AND STAFF. RANDOLPH COUNTY PLANNING BOARD AGENDA December 8, 2020 1. Call to Order of the Randolph County Planning Board. 2. Roll call of the Board members: Reid Pell, Chair; Wayne Joyce, Vice Chair; John Cable; Keith Slusher; Kemp Davis; Melinda Vaughan; Ralph Modlin; and Reggie Beeson, Alternate. 3. Consent Agenda: Approval of minutes from November 10, 2020, Planning Board meeting. Approval of agenda for December 8, 2020, Planning Board meeting. Approval of the Order for a Special Use Permit for Brad Cox Approval of the Consistency, Reasonableness and in the Public Interest Statements for the Rezoning Requests by James Edward Maness, Patricia Russell York and Scout Solar, LLC. 4. Old Business. 5. New Business. REZONING REQUEST #2020-00003091 The Randolph County Planning Board will hold a Legislative Hearing on the request by JHJT PROPERTIES, LLC, Troy, NC, and their request to rezone 3.00 acres out of 68.12 acres, at the intersection of US Hwy 220 Bus S and http://www.randolphcountync.gov Dinah Rd, Cedar Grove Township, Tax ID# 7658482939, from HI-CU Heavy Industrial Conditional Use to LI-CD Light Industrial - Conditional District. Primary Growth Area. (The existing Conditional Use Permit, approved in 1998, allows furniture manufacturing, warehousing and related industry activities on the property.) The Conditional District would specifically allow the applicant to operate an office and warehouse for a construction company as per site plan. Property owner: Fiber Cushioning, Inc. REZONING REQUEST #2020-00003099 The Randolph County Planning Board will hold a Legislative Hearing on the request by DONALD LANIER, Asheboro, NC, and his request to divide lot number 3 of Betty McGee Subdivision into a 2.00 acre lot and a 1.00 acre lot at 2623 Hopewell Friends Rd, Cedar Grown Township, Tax ID# 7639605228, as per site plan. CVOE-CD Conventional Subdivision Overlay Exclusive - Conditional District. Primary Growth Area. Municipal Airport Overlay District. Property owner: Dane and Linda Waggoner. REZONING REQUEST #2020-00003119 The Randolph County Planning Board will hold a Legislative Hearing on the request by GLENN MULLINS, Asheboro, NC, and his request to rezone 22.33 acres at 913 Cable Creek Rd, Cedar Grove Township, Tax ID #7730459232, from RA Residential Agricultural District, RR Residential Restricted District and RE-CU Residential Exclusive Conditional Use District to RA Residential Agricultural District. Secondary Growth Area. REZONING REQUEST #2020-00003086 The Randolph County Planning Board will hold a Legislative Hearing for DIAMONDBACK INVESTMENT GROUP, LLC, Greensboro, NC, and their requesting that 518.88 acres located between Providence Church Rd and Fred Lineberry Rd, Level Cross Township, be rezoned from RA Residential Agricultural District to CVOE-CD Conventional Subdivision Overlay Exclusive Conditional District. Tax ID #7766797618, 7766998538, 7767540951, 7767547408, 7767647354, 7767720859, 7767739124, 7767750463, 7767758217, 7767814662, 7767848366, 7777123700, 7777140032 and 7714727096. Secondary Growth Area. Polecat Creek Watershed. The proposed Conditional Zoning District would specifically allow a 211-lot site-built subdivision as per site plan. Property Owner: Richard L. Petty. 6. Adjournment. MINUTES RANDOLPH COUNTY PLANNING BOARD November 10, 2020 The Randolph County Planning Board met on Tuesday, November 10, 2020, in the -C Worth Street, Asheboro, NC. Vice-Chair Wayne Joyce called the meeting to order at 6:30 p.m. Jay Dale, Planning Director, called the roll of the members: Reid Pell, Chair, absent; Wayne Joyce, Vice Chair, present; John Cable, present; Keith Slusher, present; Kemp Davis, present; Melinda Vaughan, present; Ralph Modlin, present; and Reggie Beeson, Alternate, absent. County Attorney, Ben Morgan was also present. Dale informed the Vice-Chair there was a quorum of the members present for the meeting. Joyce called for a motion to approve the consent agenda as presented. Consent Agenda: Approval of minutes from October 6, 2020, Planning Board meeting. Approval of agenda for November 10, 2020, Planning Board meeting. Approval of Randolph County Planning Board Meeting Schedule for 2021. Approval of the Consistency, Reasonableness and in the Public Interest Statements for the Rezoning Requests by Bobby Earnhardt and Ace Avant Real Property Company, Inc. Slusher made the motion to approve the consent agenda as presented with Cable making the second to the motion. The motion was adopted unanimously. Joyce called for any old business to be brought before the Board. Hearing none, Joyce moved forward with new business. Randolph County Planning Board Minutes Page 1 of 11 November 10, 2020 Dale presented the first case of the night along with site plans and pictures of the site and surrounding properties as follows: SPECIAL USE PERMIT REQUEST #2020-00002872 The Randolph County Planning Board will hold a Quasi-Judicial Hearing for BRAD COX, Climax, NC, and his request for a Special Use Permit on the property owned by William D and Renee R Coble, on 5.37 acres on NC Hwy 22 N, Providence Township. Tax ID#7796117433.The Special Use Permit would specifically allow the applicant to construct a 140 ft. telecommunications tower to provide wireless internet access as per site plan. Joyce opened the public hearing and asked if anyone was present to speak in favor of the Special Use Permit request. Natasha and Brad Cox, 6303 NC Hwy 22 N, Climax, NC, took the oath. Natasha told the Board their request would provide wireless, fiber fed, high speed internet service to the surrounding area at low cost by installing a 140 ft. tower, specifically designed for this type of business. Natasha said the internet provider available in their rural area of the County offers only low-speed DSL with two megabits per second and their service would provide three tiers of service ranging from twenty-five to one hundred megabits, covering a six-mile radius. She said internet is extremely important right now, especially with remote learning and working from home. Modlin asked if this would be a private business and how it may affect cell service. Natasha and Brad said it would be a private business and would be strictly internet, no cell service. Modlin asked if they had been in touch with others with this same type business. Brad said he has talked with a few people in surrounding counties but there is currently no one local. Davis asked if they would be selling their service to individuals in need of internet. Natasha and Brad answered yes. Cable asked who would be constructing the tower and if permits would be required. Brad said they would construct the tower themselves. Natasha said the tower would be constructed in ten-foot sections. Dale said there should be engineered drawings provided for Permitting and Inspections. Brad said engineered drawings would be provided for the tower, base and guide wires involved with the construction. Cable asked if the tower would have a tree-like appearance like some of the newer ͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑ Randolph County Planning Board Minutes Page 2 of 11 November 10, 2020 towers. Brad answered no. He said the tower would be constructed out of galvanized steel. Natasha appearance (Exhibit 1). Davis asked if approval would be needed by FCC. Brad answered no. He said there are limitations built into the firmware they will use. Davis asked if there would be any restrictions with aviation. Brad said you must reach 200 ft. in height before you must register with FAA and require tower lights. Modlin asked how far the tower would be from the property line. Natasha said it would be 147 ft. from property line. Cable asked if there would be a generator backup or anything that would create noise. Brad said he could run a temporary generator to get through a power outage for those who have a generator at their home, but a permanent generator was not planned. Slusher asked if they had spoken to people in the area and if anyone had shown interest in the service. Natasha said there is an overwhelming support because of the inadequate service currently available. Slusher asked if there would be lighting. Brad said there would be no significant lighting or noise. Sonia Haga, 6239 NC Hwy 22 N., Climax, NC also took the oath. Haga told the Board she resides between the s home and the tower and fully supports the request. She said the limited options of internet available in their area causes them to rely on the cell phone hot spots for remote learning and remote working and as a small business owner, she needs the service. Haga also told the Board that if she were to sell her home, the lack of internet service would have to be disclosed which could ultimately affect the property value. Haga told the Board that a lot of homeowners in the area have home generators because of power outages in their area and if there were to be some noise from a generator on the tower site, they would rather have the noise than be without internet service. She asked the Board to approve the request. Joyce asked if anyone else would like to speak in favor of the request. Hearing none, Joyce asked if there was anyone that would like to speak in opposition to the request. Bradley Coble, 6139 NC Hwy 22 N., Climax, NC, took the oath. Coble said he lives behind this proposed tower and has a problem with allowing another tower in their area of the County because there are already three others. He also said there is not 140 ft. clearance off his property line as mentioned. Cable asked where his home was in relation to the tower and how far the tower would be located from his property line. Coble said he lives right behind the proposed tower and ͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑ Randolph County Planning Board Minutes Page 3 of 11 November 10, 2020 he was unsure of the distance. Having no one else to speak in opposition, the applicants were asked to address some of the issues brought before the Board. Natasha told the Board that Mr. Coble does not own the property where he resides, and she does not understand why it would be an issue for him. Brad and Natasha said the tower will be 146 ft. property line and the house is even farther away. Cable asked how far the tower would be located from the road. Brad said it would be 147 ft. from the road. Modlin asked if the tower would have access from the road. Natasha and Brad said the tower would have its own driveway off NC Hwy 22 N. Cable asked approximately how long the construction would take. Brad said once the permits could be obtained, it should take approximately three to four weeks. Joyce closed the public hearing for discussion among the Board members and a motion. Cable said this business is a noble undertaking for someone at their own expense and would be beneficial in that area of the County. He said the service out-weighs the potential problems and the tower is less obvious than most of the cell towers allowed. He said he would be willing to make a motion. Vaughan said she feels this would be a good idea, having children in that area with remote learning would be difficult without internet and it is much less obvious than other towers. Slusher mentioned the four-part test for the Board to consider when making decisions for Special Use requests and feels the Cox request meets the criteria. Cable made the motion to approve the Special Use Permit request on the specified parcel(s) on the Special Use Permit application, based upon the sworn witness testimony that is included in the minutes, as well as the site plan(s) with any and all agreed upon revisions, and that the use will not materially endanger the public health or safety, the use meets all required conditions and specifications, the use will not substantially injure the value of adjoining property, that the use is a public necessity and the location and character of use, if developed according to the plan(s) as submitted and approved, will be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance. Slusher made a second to the motion to approve the Special Use Permit request. Joyce called the question on the motion to approve the Special Use Permit request for Cox and the motion was adopted unanimously and the Special Use Permit was granted. ͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑ Randolph County Planning Board Minutes Page 4 of 11 November 10, 2020 Dale presented the second case of the night along with site plans and pictures of the site and surrounding properties as follows: REZONING REQUEST #2020-00002744 The Randolph County Planning Board will hold a Legislative Hearing on the request by JAMES EDWARD MANESS, Asheboro, NC, and his request to rezone 0.72 acres out of 1.67 acres, at 730 Gold Hill Rd, Asheboro, Asheboro Township, Tax ID# 7761792845, from RR Residential Restricted District to HC-CD Highway Commercial - Conditional District. Primary Growth Area. The Conditional District would specifically allow the applicant to operate an automotive sales and service lot in a proposed 12 ft. by 16 ft. office building and will allow the applicant also requests to restore the existing 22 ft. by 50 ft. building, a 32 ft. by 50 ft. building and a 16 ft. by 50 ft. building to be used for automotive repairs in the future as per site plan. Property owner: Sue E. Maness Joyce opened the public hearing and asked if anyone was present to speak in favor of the rezoning request. Margery Maness, 2048 Henley Ctry Rd, Randleman, NC, introduced herself and her husband, James Maness. She said her mother-in-law is the actual owner of the property at 730 Gold Hill Rd where they are requesting a rezoning for a proposed office for a used car lot. She said they also plan to repair the existing building(s) on the property to use for auto repair for the car lot. Joyce asked how many cars they planned to have on the property at any given time. Margery said there should be no more than twenty. Slusher asked what their hours of operation would be and if they planned to have internet sales. Margery said they would-be on-site Monday through Saturday from 9:00 am until 5:00 pm as well as internet sales. Joyce asked if there would be car repairs and maintenance as well as salvaged vehicles on site. Margery said they did not plan on having salvaged vehicles on site and the existing buildings would be renovated to use for maintenance and repairs on vehicles purchased for the car lot. Joyce asked if they planned on having outside storage. Margery answered no. She said everything would be located inside the building. Modlin asked if repairs would be completed on vehicles for the public or just the vehicles purchased for the car lot. James said the car lot would be the focus at this time. Slusher asked what type of lighting they have planned for the vehicles that are on display because it must be considered for the surrounding residents. James said they have not planned to put lighting up on the property. ͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑ Randolph County Planning Board Minutes Page 5 of 11 November 10, 2020 Joyce asked if the cars would be displayed on Gold Hill Rd or farther back on property. Margery said the cars would be located on Gold Hill Rd. Modlin asked if additional lighting is needed in the future, would the owners need to come back before the Board. Dale said if anything more than an average security light were to be added, the Board would need to review the request. Cable asked if there would be security lights only. James and Margery answered yes. Cable asked if there would be any noise from the vehicle repairs late in the evening. Margery answered no. Vaughan asked if there were significant buffers on the property. Margery said there are trees on one side of the property and her mother-in- Davis asked how long they lived on the property. James said approximately 1978 and the garage was existing when it was purchased. Joyce asked if anyone else would like to speak in favor of the request. Hearing none, Joyce asked if there was anyone that would like to speak in opposition to the request. Hearing none, Joyce closed the public hearing for discussion among the Board members and a motion. Modlin asked if the request had been well advertised. Dale answered yes. Joyce said the request is a good example of a rural business. Cable mentioned that the property has been a repair shop in the past and there is no one present in opposition. Davis said he sees nothing wrong with the request. Davis made the motion to approve the rezoning request to rezone the specified parcel(s) on the rezoning application to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed upon revisions, also incorporated into the motion and that the request is also consistent with the Randolph County Growth Management Plan. Slusher made a second to the motion to approve the rezoning request. Joyce called the question on the motion to approve the rezoning request for Maness and the motion was adopted unanimously, and the rezoning was approved. Dale presented the third case of the night along with site plans and pictures of the site and surrounding properties as follows: REZONING REQUEST #2020-00002900 ͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑ Randolph County Planning Board Minutes Page 6 of 11 November 10, 2020 The Randolph County Planning Board will hold a Legislative Hearing on the request by PATRICIA RUSSELL YORK, Asheboro, NC, and her request to rezone 1.37 acres, at 2052 Trogdon Hill Rd, Franklinville Township, Tax ID# 7771783888, from LI-CU Light Industrial District to HC-CD Highway Commercial - Conditional District. Primary Growth Area. The Conditional District will specifically allow the applicant to operate an antique shop in an existing building as per site plan. Joyce opened the public hearing and asked if anyone was present to speak in favor of the Rezoning request. Patti York, 2000 Trogdon Hill Rd, Asheboro, NC, said she plans to open an antique shop three to four days a week from 10:00 am until 6:00 pm. Modlin asked if the antiques sold would be glassware, furniture, and other smaller carry in carry out type items. York answered yes. Modlin asked if she would be dealing with antique cars. York answered no. Cable asked if there would be consignments for others or if she would strictly be selling her own merchandise. York said she would not have consignments. Slusher asked if there would be auctions or retail only. York said she planned on having only retail and possibly internet sales. Joyce asked if the building was used previously for a machine shop and powder coating. York answered yes. Joyce asked if anyone else would like to speak in favor of the request. Hearing none, Joyce asked if there was anyone that would like to speak in opposition to the request. Hearing none, Joyce closed the public hearing for discussion among the Board members and a motion. Cable said no one is present to speak in opposition to the request and it is a suitable operation for the area. He said he commends the applicants for wanting to create a business in Randolph County. Slusher also mentioned the fact of no opposition to the request. Slusher made the motion to approve the rezoning request to rezone the specified parcel(s) on the rezoning application to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed upon revisions, also incorporated into the motion and that the request is also consistent with the Randolph County Growth Management Plan. Modlin made a second to the motion to approve the ͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑ Randolph County Planning Board Minutes Page 7 of 11 November 10, 2020 rezoning request. Joyce called the question on the motion to approve the rezoning request for York and the motion was adopted unanimously, and the rezoning was approved. Dale presented the last case of the night along with site plans and pictures of the site and surrounding properties as follows: REZONING REQUEST #2020-00002922 The Randolph County Planning Board will hold a Legislative Hearing on the request by SCOUT SOLAR, LLC, El Segundo, CA, and their request to rezone 49.00 acres out of 171.03 acres, on NC Hwy 49N (just past June Trl), Columbia Township, Tax ID#8724692306, from RA Residential Agricultural District to LI-CD Light Industrial - Conditional District. Secondary Growth Area, Sandy Creek Watershed. The Conditional District would specifically allow the applicant to operate a five-megawatt solar energy facility as per site plan. Property owner: Barbara K. Wall Joyce opened the public hearing and asked if anyone was present to speak in favor of the Rezoning request. Tom Terrell, an attorney with Fox and Rothschild, Greensboro, NC, said he represents a company called Birch Creek Development which is the parent company and the sole owner of the LLC, called Scout Solar. He introduced the owners of the property and said they are the sixth or seventh generation to farm the property. Terrell distributed notebooks to the Board (Exhibit 2) and said that he would like to go over some of the key points in the notebook. He directed them to the Site Plan, Compliance with the Growth Management Plan and talked about the numerous existing businesses in that area. Terrell also mentioned a letter that was mailed to the adjoining property owners explaining everything about the proposed solar energy project. Terrell talked about the Economic Benefits of taxes which increase an average of two thousand percent, the Market Impact Study showing there is no negative effect on real estate values and told the Board there was a certified appraiser available to answer any questions if needed. Terrell continued with the notebook, pointing out the Environmental Protections section of the book and the Decommissioning and Maintenance section. Terrell asked their civil engineer, Cory Howell, to come before the Board and talk about the site. Cory Howell, 421 Fayetteville St., Raleigh, NC, asked the Board to refer to the Site Plan in the notebook, he talked about maintaining an existing natural vegetation buffer on the east side of the property and supplementing any natural vegetation on the remaining property to comply with the 35-ft., level 2 buffer requirement of the County. He explained ͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑ Randolph County Planning Board Minutes Page 8 of 11 November 10, 2020 where the access of the property was located according to the site plan and where the existing over-head power lines run through the property, also shown on the site plan, is where the power generated from this project would be interconnected back to the grid. Terrell told the Board they had held a meeting to explain their proposal and answer any questions the area residents may have and only three people attended. He said no one was upset when leaving. Terrell said he would like to call Chris Sandifer up to speak to the Board regarding the overall technology of the project. He said Sandifer is an electrical engineer who previously worked for Duke Energy handling electrical connections from solar farms to the electric He said Sandifer is also a Planning Board member of Nash County as well as a farmer and he also leases land for solar farms. Chris Sandifer, 3118 Green Rd, Spring Hope, NC, said he worked for Duke Energy for over thirty years in different capacities and some of the last responsibilities were the connections of upcoming solar farms, hydro-electric wind farms and many other things. He said he is an independent electrical contractor with unlimited classification and a licensed professional engineer. He said he owns a farm, lives on a farm, and has a family farm with 100 acres under panels. Sandifer said he knows the Board is familiar with solar farms and there is no new technology with this project. He said the installation of this project, according to the plans provided, would not interfere with the health and safety of the residents of Randolph County. Terrell Cable asked for information on a decommission plan. Terrell said the decommission plan decommissioning within 12 months after the facility becomes nonoperational or He said they must provide a form of surety equal to 100 percent of the estimated cost of decommissioning the project, approved by the County Planning Director, prior to issuance of a building permit for the project. Cable said to let the record show there is a decommission plan and it will be followed. Terrell answered yes. Joyce asked about the estimated life of a solar farm. Terrell said the standard would be a 20-year power purchase agreement with 5-year extensions for up to 40 years. Modlin asked about the life of the equipment. Terrell said they are warrantied for up to 25 years and normally last the life of the project. Joyce asked if anyone else would like to speak in favor of the request. Hearing none, Joyce asked if there was anyone that would like to speak in opposition to the request. ͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑ Randolph County Planning Board Minutes Page 9 of 11 November 10, 2020 Brandy Verton, 3074 Soapstone Mountain Rd., Staley, NC, said she lives adjacent to the property with her husband and has concerns for the risk of forest fires due to malfunctioning of the solar panels and would like to know if there are any plans with the local fire department to add additional hydrants near this facility or if there is a plan of action in the event of an emergency. She said she would also like more information on the potential health risks from heavy toxins leaking into the soil from damaged panels and if there will be regular soil testing performed to the property and how that information would be given to the neighbors during the twenty-to-thirty-year project. Verton said she was unaware of the neighborhood meeting Terrell referred to earlier and was unable to ask these questions. She said she would also like to inform the owners of the property that she and her husband would be interested in purchasing approximately five acres of their property to maintain privacy and rural setting they moved to Staley for. Dale said the Fire Ms office has not expressed any concerns dealing with solar panels. Verton asked if there was an expert available to answer her concerns for fire hazard. Joyce Terrell said Verton may not have received an invitation to the meeting if her property is not adjoining. He also said the Fire Marshal never expresses a concern because there is nothing flammable. He said the EPA has determined that solar panels are not toxic or hazardous in any way and there will not be soil testing done because it is not needed. Sandifer said these panels meet the EPA testing for non-toxic leaching and if one of the panels crack or is broken, the connected panels quit working as well, so someone would be dispatched to repair or replace very quickly. He said there is some lead used for soldering the connections but by his calculations, a box of shotgun shells left on the ground after a hunt would have more lead than this site would ever produce. Slusher said there is a poultry farm nearby and asked if there was any possibility for harming the poultry from this project. Sandifer said there is nothing that could harm the animals and it is a much less intense use than chemicals used for agriculture such as growing soybeans. Slusher said several solar farms have been approved throughout the County but never this close to a poultry farm and just wanted to make sure there would be no harm to the poultry. Sandifer said there is no magnetic radiation, noise, dust, or light that would affect them. He said there has never been a study that indicates there would-be harm to poultry by a solar farm. Joyce closed the public hearing for discussion among the Board members and a motion. Davis said he has been approached about installing solar panels on his poultry houses and feels it does not harm poultry. Slusher made the motion to approve the rezoning request to rezone the specified ͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑ Randolph County Planning Board Minutes Page 10 of 11 November 10, 2020 parcel(s) on the rezoning application to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed upon revisions, also incorporated into the motion and that the request is also consistent with the Randolph County Growth Management Plan. Vaughan made a second to the motion to approve the rezoning request. Joyce called the question on the motion to approve the rezoning request for Scout Solar, LLC and the motion was adopted unanimously, and the rezoning was approved. Having no further business, Joyce called for a motion to adjourn the meeting. Cable made the motion to adjourn with Modlin making the second to the motion, the motion was adopted unanimously. The meeting adjourned at 7:46 p.m. with 26 citizens present. RANDOLPH COUNTY NORTH CAROLINA __________________________ Planning Director __________________________ _______________________________ Clerk to the Board Date ͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑ Randolph County Planning Board Minutes Page 11 of 11 November 10, 2020 COUNTY OF RANDOLPH ORDER APPROVING SPECIAL USE PERMIT IN THE MATTER OF THE APPLICATION FOR SPECIAL USE PERMIT BY BRAD COX SPECIAL USE REQUEST #2020-00002872 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD Having heard all the evidence and argument presented at the hearing on November 10, 2020, the Randolph County Planning Board finds that the application is complete, that the application complies with all of the applicable requirements of the Randolph County Unified Development Ordinance for the development proposed, and that therefore the application to make use of the property located at NC Hwy 22 N indicated is hereby APPROVED, subject to all applicable provisions of the Randolph County Unified Development Ordinance. HAVING CONSIDERED ALL THE EVIDENCE PRESENTED, THE RANDOLPH COUNTY PLANNING BOARD APPROVES THE APPLICATION FOR A SPECIAL USE PERMIT FOR BRAD COX BASED UPON THE FOLLOWING: 1. That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; 2. That the use meets all required conditions and specifications; 3. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and 4. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Growth Management Plan for Randolph County. IN WITNESS WHEREOF, the Randolph County Planning Board has caused this Special Use Permit to be issued in its name and the property owners do hereby accept this Special Use Permit, together with all its conditions as binding on them and their successors in interest. _______________________________ _______________________________ Randolph County Planning Director Chair, Randolph County Planning Board _______________________________ _______________________________ Clerk to Planning Board Date COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY JAMES EDWARD MANESS REZONING REQUEST #2020-00002744 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD Pursuant to North Carolina General Statutes § 153A-341 and 342, the Randolph County Planning Board finds that the proposed zoning district map amendments to HC-CD Highway Commercial Conditional District as described in the application of James Edward Maness are consistent with the Randolph County Unified Development Ordinance and the 2009 Randolph County Growth Management Plan and are reasonable and in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the northeast area shows the parcel to be rezoned in an area designated as Primary Growth Area. Primary Growth Areas generally lie along major transportation corridors and have access to urban services and have mixed uses of residential, commercial and industrial development. B. Consistency with Growth Policies in the Growth Management Plan Policy 4.1 Provide for sites in Randolph County jurisdiction where rural commercial activity can locate; with the goal of increasing economic activity; job creation, and the provision of services to the rural community. Consistency Analysis: As this property is in a Primary Growth Area which allows for a mixture of zoning jurisdiction would increase economic activity, job creations and the provision of services to the rural community. Policy 4.3 Individual Rural Business or Highway Commercial rezoning decisions will depend upon the scale of the proposed development as it relates to the specific site and location weighed against impacts to adjoining rural land uses. Consistency Analysis: This Highway Commercial Conditional District rezoning request is not rezoning the entire parcel-only the portion of the property to be used for the automobile sales lot and future automotive repair shop. By using only a portion of the property, the applicant is lessening the adverse impacts to adjoining property owners and rural land uses. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. _______________________________ _______________________________ Randolph County Planning Director Chair, Randolph County Planning Board _______________________________ _______________________________ Clerk to Planning Board Date COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY PATRICIA RUSSELL YORK REZONING REQUEST #2020-00002900 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD Pursuant to North Carolina General Statutes § 153A-341 and 342, the Randolph County Planning Board finds that the proposed zoning district map amendments to HC CD Highway Commercial Conditional District as described in the application of Patricia Russell York are consistent with the Randolph County Unified Development Ordinance and the 2009 Randolph County Growth Management Plan and are reasonable and in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the southeast area shows the parcel to be rezoned in an area designated as Primary Growth Area. Primary Growth Areas generally lie along major transportation corridors and have access to urban services. This parcel is along US Hwy 64 E which is a major transportation corridor. B. Consistency with Growth Policies in the Growth Management Plan Policy 4.2 Highway oriented commercial uses should be clustered along segments of arterial streets and contain land uses that are mutually compatible and reinforcing in use and design. They should be designed in a way that minimizes signage, access points and excessive lengths of commercial strip development. Consistency Analysis: This property is currently zoned LI-CU Light Industrial Conditional Use which allows various commercial operations. The proposed antiques shop is considered a highway oriented commercial use and is location near a major transportation corridor for the County and the fact that the request minimizes signage and access points, it is consistent. Policy 4.4 Commercial uses should be encouraged to develop by consolidation and deepening of existing commercially zoned property, only when such consolidation and deepening can be developed in a way that lessens the effect of incompatibility with adjoining residential land uses. Consistency Analysis: This request is modifying an existing Conditional Use Permit and, therefore, is encouraging development of existing commercially zoned property and lessens the impact on the adjoining residential land uses. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. _______________________________ _______________________________ Randolph County Planning Director Chair, Randolph County Planning Board _______________________________ _______________________________ Clerk to Planning Board Date COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY SCOUT SOLAR, LLC REZONING REQUEST #2020-00002922 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD Pursuant to North Carolina General Statutes § 153A-341 and 342, the Randolph County Planning Board finds that the proposed zoning district map amendments to LI-CD Light Industrial Conditional District as described in the application of Scout Solar, LLC, are consistent with the Randolph County Unified Development Ordinance and the 2009 Randolph County Growth Management Plan and are reasonable and in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the northeast area shows the parcel to be rezoned in an area designated as Secondary Growth Area. Secondary Growth Areas are generally transitional in nature and uses change from commercial and agricultural uses to more residential uses. B. Consistency with Growth Policies in the Growth Management Plan Policy 6.4 Innovative and flexible land planning techniques should be supported as a means of encouraging development configurations which are more desirable and which may better safeguard existing natural land and water resources. Consistency Analysis: Based upon the submitted site plan and included buffers, the applicant is using flexible land planning techniques that will safeguard the existing land uses and protect the Sandy Creek Watershed. Policy 7.4 Protection of public water supply watersheds and the water quality critical areas shall be considered in rezoning and development proposals. Industrial and heavy commercial development shall not be promoted within the water critical areas of Randolph County. Consistency Analysis: By limiting the amount of land being used, the applicant is using techniques that will safeguard and protect the Sandy Creek Watershed. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. _______________________________ _______________________________ Randolph County Planning Director Chair, Randolph County Planning Board _______________________________ _______________________________ Clerk to Planning Board Date December Request Location Map k 031 Diamondback Investment, LLC LÄ @w kj Archdale "%a# "%d# Liberty @ù Trinity "%b# LÉ Randleman Staley @ù @l "%a# Franklinville J¥ "%b# Ramseur J¥ Asheboro kj @ù Mullins JHJT Properties, LLC @l kj @e kj @è @ù Lanier @j @e @Û "%a# "%b# Seagrove @Å Æ Legend Roads Reservoirs County line Municipal Zoning 01.252.557.510 Miles TECHNICAL REVIEW COMMITTEE RECOMMENDATION FOR IN THE MATTER OF THE APPLICATON FOR REZONING REQUEST #2020-00003091 The Randolph County Planning Board will hold a Legislative Hearing on the request by JHJT PROPERTIES, LLC, Troy, NC, and their request to rezone 3.00 acres out of 68.12 acres, at the intersection of US Hwy 220 Bus S and Dinah Rd, Cedar Grove Township, Tax ID# 7658482939, from HI-CU Heavy Industrial Conditional Use to LI-CD Light Industrial - Conditional District. Primary Growth Area. (The existing Conditional Use Permit, approved in 1998, allows furniture manufacturing, warehousing and related industry activities on the property.) The Conditional District would specifically allow the applicant to operate an office and warehouse for a construction company as per site plan. Property owner: Fiber Cushioning, Inc. The Randolph County Technical Review Committee has met on the above listed case, and after review of all applicable standards contained in the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan, the Technical Review Committee finds that this request: Meets all technical requirements of both the Ordinance and the Plan; Is consistent, reasonable and in the public interest; and Should be approved by the Randolph County Planning Board. The following policies from the Randolph County Growth Management Plan were identified by the Technical Review Committee as supporting this conclusion. Policy 3.1 Industrial development should be on land that is physically suitable and has unique locational advantages for industry. Advanced planning for the identification of such land should be encouraged. Policy 3.5 New industrial development should be encouraged to locate in existing and planned industrial parks. COUNTY OF RANDOLPH Department of Planning & Zoning 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 APPLICATION FOR ZONING CHANGE Date:10/27/2020 Applicant:JHJT PROPERTIES LLC Address:130 WRIGHT WAY Parcel #: 7658482939 City, St. Zip: TROY, NC 27371 Permit #: 2020-00003091 Owner:FIBER CUSHIONING INC Permit Type Code: PZ 2 Address:445 US HWY 220 BUS S Location Address: City, St. Zip: ASHEBORO, NC 27205 CONTACT NAME:THOMPSON, JOHNContact Phone:910 576-1500 PARCEL INFORMATION: Lot number: Subdivsion: Acreage:68.1200 Township:04 - CEDAR GROVE ZONING INFORMATION: Zoning District 1: HI-CU-HEAVY INDUSTRIAL CONDITIONAL USE DISTRICT Zoning District 2: Zoning District 3: Growth Management Areas: PRIMARY GROWTH AREA Specialty District: N/A Watershed Name: NONE Class A Flood Plain On Prop?: NO Flood Plane Map #: Flood Plain Map #: 3710765900J REQUESTED CHANGE: Area To Be Rezoned: 3.0000 Lot Size Indicator: ACRE(S) Proposed Zoning District: LI-CD-LIGHT INDUSTRIAL CONDITIONAL DISTRICT Proposed Use(S): TO ALLOW AN OFFICE AND WAREHOUSE FOR A CONSTRUCTION COMPANY AS PER SITE PLAN. Condition(S): Total Permit Fee: $100.00 COMMENTS: The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as allowed by the Randolph Couty Zoning Ordinance. Eric Martin Signature of Applicant: Authorized County Official - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov APPLICATION FOR ZONING CHANGEPage: 1 of 1 JTHT Properties, LLC, Rezoning Request Location Map Directions to site: US Hwy 220 S - Site on (R) just before Dinah Rd. 1 inch = 400 feet COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY JHJT PROPERTIES, LLC REZONING REQUEST #2020-00003091 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD Pursuant to North Carolina General Statutes § 153A-341 and 342, the Randolph County Planning Board finds that the proposed zoning district map amendments to LI-CD Light Industrial Conditional Use as described in the application of JHJY Properties, LLC, are consistent with the Randolph County Unified Development Ordinance and the 2009 Randolph County Growth Management Plan and are reasonable and in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the southeast area shows the parcel to be rezoned in an area designated as Primary Growth Area. Primary Growth Areas generally lie along major transportation corridors and have access to urban services. This parcel is along US Hwy 220 Bus S which has access to several major transportation corridors. B. Consistency with Growth Policies in the Growth Management Plan Policy 3.1 Industrial development should be on land that is physically suitable and has unique locational advantages for industry. Advanced planning for the identification of such land should be encouraged. Consistency Analysis: This request is consistent with the Randolph County Growth Management Plan in that the request location has been zoned for industrial uses for many years. The adjoining property was developed but this parcel has not been developed as planned but has locational advantages for various industries. Policy 3.5 New industrial development should be encouraged to locate in existing and planned industrial parks. Consistency Analysis: While this property is not technically in an industrial park, it was previously planned to be a part of the existing, adjacent industrial use. This request is consistent with the Randolph County Growth Management Plan in that it does not create a new industrial area in a part of the County that was not previously approved for industrial use. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. _______________________________ _______________________________ Randolph County Planning Director Chair, Randolph County Planning Board _______________________________ _______________________________ Clerk to Planning Board Date MOTION TO APPROVE A CONDITIONAL DISTRICT REZONING NORTH CAROLINARANDOLPH COUNTY PLANNING BOARD “I make the motion toAPPROVEthis rezoning request to rezone the specified parcel(s) onthe rezoning applicationto the requested zoning district based upon the Determination of Consistencyand Findings of Reasonableness and Public Interest statementsthat areincluded in the Planning Board agenda,submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s)with any and all agreed upon revisions, also incorporated into the motionand that the request is also consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .”and continue reading the rest of the motion. MOTION TO DENY A CONDITIONAL DISTRICT REZONING NORTH CAROLINARANDOLPH COUNTY PLANNING BOARD “I make the motion to DENYthis rezoning request to rezone the specified parcel(s) on the rezoning applicationto the requested zoning districtbased upon the Determination of Consistency and Findingsof Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed upon revisions, also incorporated into the motionand that the request is notconsistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. TECHNICAL REVIEW COMMITTEE RECOMMENDATION FOR IN THE MATTER OF THE APPLICATON FOR REZONING REQUEST #2020-00003099 The Randolph County Planning Board will hold a Legislative Hearing on the request by DONALD LANIER, Asheboro, NC, and his request to divide lot number 3 of Betty McGee Subdivision into a 2.00 acre lot and a 1.00 acre lot at 2623 Hopewell Friends Rd, Cedar Grown Township, Tax ID# 7639605228, as per site plan. CVOE-CD Conventional Subdivision Overlay Exclusive - Conditional District. Primary Growth Area. Municipal Airport Overlay District. Property owner: Dane and Linda Waggoner. The Randolph County Technical Review Committee has met on the above listed case, and after review of all applicable standards contained in the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan, the Technical Review Committee finds that this request: Meets all technical requirements of both the Ordinance and the Plan; Is consistent, reasonable and in the public interest; and Should be approved by the Randolph County Planning Board. The following policies from the Randolph County Growth Management Plan were identified by the Technical Review Committee as supporting this conclusion. Policy 6.5 The protection of viable rural neighborhoods should be encouraged by compatible residential development to insure the continued existence as a major housing source and as a reflection of the long-term quality of life in Randolph County. Policy 6.13 Conventional Residential subdivisions are anticipated of similar housing characteristics to the community. 3 COUNTY OF RANDOLPH Department of Planning & Zoning 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 APPLICATION FOR ZONING CHANGE Date:10/27/2020 Applicant:LANIER, DONALD Address:P O BOX 383 Parcel #: 7639605228 City, St. Zip: ASHEBORO, NC 27204 Permit #: 2020-00003099 Owner:WAGGONER, DANE M Permit Type Code: PZ 2 Address:P O BOX 563 Location Address: 2623 HOPEWELL FRIENDS City, St. Zip: ASHEBORO, NC 27204 RD ASHEBORO, NC 27205 CONTACT NAME:LANIER, DONALDContact Phone:336 460-0561 PARCEL INFORMATION: Lot number: 3Subdivsion: BETTY MCGEE PH1 Acreage:3.0100 Township:04 - CEDAR GROVE ZONING INFORMATION: Zoning District 1: CVOE-CD-CONVENTIONAL SUBDIVISION OVERLAY EXCLUSIVE CONDITIONAL DISTRICT Zoning District 2: Zoning District 3: Growth Management Areas: PRIMARY GROWTH AREA Specialty District: MUNICIPAL AIRPORT OVERLAY DISTRICT Watershed Name: NONE Class A Flood Plain On Prop?: NO Flood Plane Map #: Flood Plain Map #: 3710763900J REQUESTED CHANGE: Area To Be Rezoned: 1.0000 Lot Size Indicator: ACRE(S) Proposed Zoning District: CVOE-CD-CONVENTIONAL SUBDIVISION OVERLAY EXCLUSIVE CONDITIONAL DISTRICT Proposed Use(S): TO ALLOW DIVISION OF LOT #3 IN BETTY MCGEE S/D TO BE DIVIDED INTO A 2.00 ACRE LOT AND A 1 ACRE LOT AS PER SITE PLAN Condition(S): Total Permit Fee: $100.00 COMMENTS: The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as allowed by the Randolph Couty Zoning Ordinance. Eric Martin Signature of Applicant: Authorized County Official - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov APPLICATION FOR ZONING CHANGEPage: 1 of 1 Lanier Rezoning Request Location Map Directions to site: NC Hwy 49 S - (L) Mack Rd - (R) Hopewell Friends Rd - Site on (L) just before Betty McGee Dr at 2623 Hopewell Friends Rd. 1 inch = 400 feet COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY DONALD LANIER REZONING REQUEST #2020-00003099 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD Pursuant to North Carolina General Statutes § 153A-341 and 342, the Randolph County Planning Board finds that the proposed zoning district map amendments to CVOE-CD Conventional Subdivision Overlay Exclusive - Conditional District as described in the application of Donald Lanier are consistent with the Randolph County Unified Development Ordinance and the 2009 Randolph County Growth Management Plan and are reasonable and in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the southeast area shows the parcel to be rezoned in an area designated as Primary Growth Area. Primary Growth Areas generally lie along or near major transportation corridors and have access to urban services. B. Consistency with Growth Policies in the Growth Management Plan Policy 6.5 The protection of viable rural neighborhoods should be encouraged by compatible residential development to insure the continued existence as a major housing source and as a reflection of the long-term quality of life in Randolph County. Consistency Analysis: This request is consistent with the Randolph County Growth Management Plan in that it continues to provide for the protection of the existing rural neighborhoods and the existing subdivision where this request is located. Policy 6.13 Conventional Residential subdivisions are anticipated of similar housing characteristics to the community. Consistency Analysis: This request is consistent with the Randolph County Growth Management Plan as it is a one lot addition to the existing subdivision and would continue the housing characteristics of the existing subdivision. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. _______________________________ _______________________________ Randolph County Planning Director Chair, Randolph County Planning Board _______________________________ _______________________________ Clerk to Planning Board Date MOTION TO APPROVE A CONDITIONAL DISTRICT REZONING NORTH CAROLINARANDOLPH COUNTY PLANNING BOARD “I make the motion toAPPROVEthis rezoning request to rezone the specified parcel(s) onthe rezoning applicationto the requested zoning district based upon the Determination of Consistencyand Findings of Reasonableness and Public Interest statementsthat areincluded in the Planning Board agenda,submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s)with any and all agreed upon revisions, also incorporated into the motionand that the request is also consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .”and continue reading the rest of the motion. MOTION TO DENY A CONDITIONAL DISTRICT REZONING NORTH CAROLINARANDOLPH COUNTY PLANNING BOARD “I make the motion to DENYthis rezoning request to rezone the specified parcel(s) on the rezoning applicationto the requested zoning districtbased upon the Determination of Consistency and Findingsof Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed upon revisions, also incorporated into the motionand that the request is notconsistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. TECHNICAL REVIEW COMMITTEE RECOMMENDATION FOR IN THE MATTER OF THE APPLICATON FOR REZONING REQUEST #2020-00003119 The Randolph County Planning Board will hold a Legislative Hearing on the request by GLENN MULLINS, Asheboro, NC, and his request to rezone 22.33 acres at 913 Cable Creek Rd, Cedar Grove Township, Tax ID #7730459232, from RA Residential Agricultural District, RR Residential Restricted District and RE-CU Residential Exclusive Conditional Use District to RA Residential Agricultural District. Secondary Growth Area. The Randolph County Technical Review Committee has met on the above listed case, and after review of all applicable standards contained in the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan, the Technical Review Committee finds that this request: Meets all technical requirements of both the Ordinance and the Plan; Is consistent, reasonable and in the public interest; and Should be approved by the Randolph County Planning Board. The following policies from the Randolph County Growth Management Plan were identified by the Technical Review Committee as supporting this conclusion. Policy 8.8 The County should seek land use decisions that continue to provide locations for affordable housing while maintaining a choice in compatible housing types in communities within the County. A Resolution Adopting the 2009 Randolph County Growth Management Plan, Item 3, Ensure the opportunity for landowners to achieve the highest and best uses of their land that are consistent with growth management policies in order to protect the economic viability of COUNTY OF RANDOLPH Department of Planning & Zoning 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 APPLICATION FOR ZONING CHANGE Date:10/29/2020 Applicant:MULLIN, GLENN ALLEN & JULIE ANN Address:919 CABLE CREEK RD Parcel #: 7730459232 City, St. Zip: ASHEBORO, NC 27205 Permit #: 2020-00003119 Owner:MULLINS, GLENN ALLEN Permit Type Code: PZ 2 Address:P O BOX 3515 Location Address: 913 CABLE CREEK RD City, St. Zip: ASHEBORO, NC 27204 ASHEBORO, NC 27205 CONTACT NAME:MULLINS, GLENNContact Phone:336 964-1862 PARCEL INFORMATION: Lot number: Subdivsion: Acreage:22.3300 Township:04 - CEDAR GROVE ZONING INFORMATION: Zoning District 1: RE-CU-RESIDENTIAL EXCLUSIVE CONDITIONAL USE DISTRICT Zoning District 2: RR-RESIDENTIAL RESTRICTED DISTRICT Zoning District 3: RA-RESIDENTIAL AGRICULTURAL DISTRICT Growth Management Areas: SECONDARY GROWTH AREA Specialty District: MUNICIPAL AIRPORT OVERLAY DISTRICT Watershed Name: NONE Class A Flood Plain On Prop?: NO Flood Plane Map #: Flood Plain Map #: 3710773000J REQUESTED CHANGE: Area To Be Rezoned: 22.3300 Lot Size Indicator: ACRE(S) Proposed Zoning District: RA-RESIDENTIAL AGRICULTURAL DISTRICT Proposed Use(S): Condition(S): Total Permit Fee: $100.00 COMMENTS: The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as allowed by the Randolph Couty Zoning Ordinance. Eric Martin Signature of Applicant: Authorized County Official - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov APPLICATION FOR ZONING CHANGEPage: 1 of 1 Mullins Request Location Map Directions to site: NC Hwy 49S - (R) Old NC Hwy 49 - (R) Cable Creek Rd - Site on (R) across from Windingwoods Ln. 1 inch = 500 feet COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY GLENN MULLINS REZONING REQUEST #2020-00003119 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD Pursuant to North Carolina General Statutes § 153A-341 and 342, the Randolph County Planning Board finds that the proposed zoning district map amendments to RA Residential Agricultural District as described in the application of Glenn Mullins are consistent with the Randolph County Unified Development Ordinance and the 2009 Randolph County Growth Management Plan and are reasonable and in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the southeast area shows the parcel to be rezoned in an area designated as Secondary Growth Area. Secondary Growth Areas generally are predominately residential in nature and provide areas for transitional land use patterns. B. Consistency with Growth Policies in the Growth Management Plan Policy 8.8 The County should seek land use decisions that continue to provide locations for affordable housing while maintaining a choice in compatible housing types in communities within the County. Consistency Analysis: This request is consistent with the Randolph County Growth Management Plan in that the rezoning request would return the property to the least restrictive zoning district and would allow for affordable housing within the County. A Resolution Adopting the 2009 Randolph County Growth Management Plan, Item 3, Ensure the opportunity for landowners to achieve the highest and best uses of their land that are consistent with growth management policies in order to protect the economic viability of e. Consistency Analysis: This request is consistent with the Randolph County Growth Management Plan in that it allows the property owner to achieve the highest and best use of the property while also protecting the economic vitality of the Countys citizens and tax base. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan and applicable General Statutes. The proposed use could also increase the tax base and increase economic activity within the County. _______________________________ _______________________________ Randolph County Planning Director Chair, Randolph County Planning Board _______________________________ _______________________________ Clerk to Planning Board Date MOTION TO APPROVE A REZONING NORTH CAROLINARANDOLPH COUNTY PLANNING BOARD “I make the motion toAPPROVEthis rezoning request to rezone the specified parcel(s) onthe rezoning applicationto the requested zoning district based upon the Determination of Consistencyand Findings of Reasonableness and Public Interest statementsthat areincluded in the Planning Board agenda,submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutesand that the request is also consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second themotion . . .”and continue reading the rest of the motion. MOTION TO DENY A REZONING NORTH CAROLINARANDOLPH COUNTY PLANNING BOARD “I make the motion to DENYthis rezoning request to rezone the specified parcel(s) on the rezoning applicationto the requested zoning districtbased upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutesand that the request is notconsistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. TECHNICAL REVIEW COMMITTEE RECOMMENDATION FOR IN THE MATTER OF THE APPLICATON FOR REZONING REQUEST #2020-00003086 The Randolph County Planning Board will hold a Legislative Hearing for DIAMONDBACK INVESTMENT GROUP, LLC, Greensboro, NC, and their requesting that 518.88 acres located between Providence Church Rd and Fred Lineberry Rd, Level Cross Township, be rezoned from RA Residential Agricultural District to CVOE-CD Conventional Subdivision Overlay Exclusive Conditional District. Tax ID #7766797618, 7766998538, 7767540951, 7767547408, 7767647354, 7767720859, 7767739124, 7767750463, 7767758217, 7767814662, 7767848366, 7777123700, 7777140032 and 7714727096. Secondary Growth Area. Polecat Creek Watershed. The proposed Conditional Zoning District would specifically allow a 211-lot site-built subdivision as per site plan. Property Owner: Richard L. Petty. The Randolph County Technical Review Committee has met on the above listed case, and after review of all applicable standards contained in the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan, the Technical Review Committee finds that this request: Meets all technical requirements of both the Ordinance and the Plan; Is consistent, reasonable and in the public interest; and Should be approved by the Randolph County Planning Board. The following policies from the Randolph County Growth Management Plan were identified by the Technical Review Committee as supporting this conclusion. Policy 6.4 Innovative and flexible land planning techniques should be supported as a means of encouraging development configurations which are more desirable and which may better safeguard existing natural land and water resources. Policy 6.5 The protection of viable rural neighborhoods should be encouraged by compatible residential development to insure the continued existence as a major housing source and as a reflection of the long-term quality of life in Randolph County. COUNTY OF RANDOLPH Department of Planning & Zoning 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 APPLICATION FOR ZONING CHANGE Date:10/27/2020 Applicant:DIAMONDBACK INVESTMENT GROUP, Address:6909 INTERNATIONAL DR #100 Parcel #: 7766797618 City, St. Zip: GREENSBORO, NC 27409 Permit #: 2020-00003086 Owner:PETTY, RICHARD L Permit Type Code: PZ 2 Address:514 PROVIDENCE CH RD Location Address: City, St. Zip: RANDLEMAN, NC 27317 CONTACT NAME:HORNE, BRANDONContact Phone:336 500-8668 PARCEL INFORMATION: Lot number: Subdivsion: Acreage:36.6600 Township:10 - LEVEL CROSS ZONING INFORMATION: Zoning District 1: RA-RESIDENTIAL AGRICULTURAL DISTRICT Zoning District 2: Zoning District 3: Growth Management Areas: SECONDARY GROWTH AREA Specialty District: N/A Watershed Name: POLECAT CREEK WATERSHED Class A Flood Plain On Prop?: YES Flood Plane Map #: Flood Plain Map #: 3710776700J REQUESTED CHANGE: Area To Be Rezoned: 518.8800 Lot Size Indicator: ACRE(S) Proposed Zoning District: CVOE-CD-CONVENTIONAL SUBDIVISION OVERLAY EXCLUSIVE CONDITIONAL DISTRICT Proposed Use(S): TO ALLOW A 211-LOT SITE BUILT SUBDIVISION AS PER SITE PLAN Condition(S): Total Permit Fee: $100.00 COMMENTS: The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as allowed by the Randolph Couty Zoning Ordinance. Timothy Mangum Signature of Applicant: Authorized County Official - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov APPLICATION FOR ZONING CHANGEPage: 1 of 1 Parcel Numbers for Kings Ranch Rezoning: 7766797618 7766998538 7767540951 7767547408 7767647354 7767720859 7767739124 7767750463 7767758217 7767814662 7767848366 7777123700 7777140032 Diamondback Investment Group, LLC, Request Location Map D PROVI Randleman Directions to site: US Hwy 220 Bus N - (R) Providence Church Rd - Site on (R) across from Evans Cedar Ln. 1 inch = 2,000 feet ARTICLES OF INCORPORATION OF KINGS RANCH HOMEOWNERS ASSOCIATION, INC. Pursuant to Chapter 55A of the North Carolina General Statutes, the undersigned, a natural person of full age, has this day executed these Articles of Incorporation for the purpose of forming a nonprofit corporation and hereby certifies: ARTICLE I CORPORATION NAME The name of the corporation is Kings Ranch Homeowners Association, Inc., ARTICLE II PRINCIPAL AND REGISTERED OFFICE The principal and registered office of the Association is located at 6909 International Drive, Suite 100, Greensboro, Guilford County, NC 27409 ARTICLE III REGISTERED AGENT Lorria Harris, whose address is 6909 International Drive, Suite 100, Greensboro, NC 27409, is hereby appointed the initial registered agent of this Association. ARTICLE IV PURPOSE AND POWERS OF THE ASSOCIATION The Association does not contemplate pecuniary gain or profit to the members inure to the benefit of any of its officers, directors or members or any other private individual. The purpose and objective of the Association shall be to provide for administration, maintenance, preservation and architectural control of the Lots and Common Elements within that certain tract of property described as follows: See Exhibit A attached hereto ive and purpose is to promote the health, safety and welfare of the residents within the above-described property and any additions thereto as may hereafter be brought within the jurisdiction of this Association, and for this purpose to: 1 Articles of Incorporation Kings Ranch HOA Page 2 a) Exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in that certain Declaration of Covenants, Conditions and Restrictions for Kings Ranch, a Planned Community, hereinafter called the erty and to be recorded in the Office of the Register of Deeds of Randolph County, North Carolina, and as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length; b) Fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against the property of the Association; c) Acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association; d) Borrow money, and with the assent of a majority of each class of members, mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; e) Dedicate, sell or transfer all or any part of the Common Elements to any public agency, authority, or utility for such purposes and subject to such conditions pursuant to the Declaration; f) Participate in mergers and consolidations with other nonprofit corporations organized for the same purposes; provided, however, that any such merger or consolidation shall have the assent of a majority of each class of members; g) Annex additional residential property and Common Elements pursuant to the provisions of the Declaration; and h) Have and to exercise any and all powers, rights and privileges which a corporation organized under the Nonprofit Corporation Law of the State of North Carolina by law may now or hereafter have or exercise. ARTICLE V ASSOCIATION MEMBERSHIP Every person or entity who or which is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by the Association shall be a voting Member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an 2 Articles of Incorporation Kings Ranch HOA Page 3 obligation. Such membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. ARTICLE VI VOTING RIGHTS The Association shall have two classes of voting membership as follows: Class A. Every person who is an Owner, with the exception of the Declarant, shall be a Class A Member. Class A Members shall be entitled to one (1) vote per Lot. No more than one vote per Lot may be cast by Class A Members, regardless of the number of Owners of a given Lot. Class B. The Declarant (Shiloh Church 157, LLC) shall be the sole Class B Member. Class B membership shall be a full voting membership and, during its existence, the Class B Member shall be entitled to vote on all matters or issues before or considered by the Association. The Class B Member shall be entitled to three (3) votes for each Lot it owns, plus one (1) vote for each Lot owned by a Person other than the Declarant. The Class B membership shall cease and shall be converted to Class A membership at such time as the first of the following events occur: (i) the date that all the Lots in the Community have been conveyed by the Declarant to other Owners; (ii) the surrender by the Declarant of the right to appoint or remove any officer of the Association or member of the Board by a Recorded Document ny officer of the Association or member of the Board pursuant to Article XI of the Declaration. ARTICLE VII BOARD OF DIRECTORS The Board of Directors of this Association shall be managed by an initial Board of one (1) Director. The number of Directors shall be determined in accordance with, and may be changed by an amendment of, the person who is to act in the capacity of Director until the selection of his or their successors are: Names Addresses Providence Church 170, LLC PO Box 489 Colfax, NC 27235 Upon the conversion of all Class B membership to Class A membership, at the first annual meeting thereafter, the Members shall select two (2) directors for a term of two (2) years and one (1) director for a term of one (1) year; and at each annual meeting thereafter, the Members shall elect Directors for a term of two (2) years. 3 Articles of Incorporation Kings Ranch HOA Page 4 ARTICLE VIII DISSOLUTION OF ASSOCIATION The Association may be dissolved with the assent given in writing and signed by not less than two-thirds (2/3) of each class of voting Members. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate nonprofit corporation or public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust, or other organization to be devoted to such similar purposes. ARTICLE IX DURATION OF ASSOCIATION The corporation shall exist perpetually. ARTICLE X AMENDMENTS TO ARTICLES Amendment of these Articles of Incorporation shall require the assent of sixty-seven percent (67%) of the entire membership. ARTICLE XI INCORPORATOR The name and address of the incorporator are as follows: Name Address Jennifer N. Fountain 804 Green Valley Road, Suite 200 Greensboro, NC 27408 IN WITNESS WHEREOF, I, the undersigned incorporator, have hereunto set my hand and seal this _______ day of ________________, 2020. _____________________________ (SEAL) Jennifer N. Fountain, Incorporator 4 Articles of Incorporation Kings Ranch HOA Page 5 STATE OF NORTH CAROLINA COUNTY OF GUILFORD I, __________________________ a Notary Public in and for said State and County, do hereby certify that on this date before me personally appeared Jennifer N. Fountain, Incorporator, who, I am satisfied is the person named in and who executed the foregoing Articles of Incorporation of the Kings Ranch Homeowners Association, Inc.; and I have first made known to her the contents thereof, and she did acknowledge that she signed, sealed, and delivered the same as her voluntary act and deed for the uses and purposes expressed therein. IN WITNESS WHEREOF, I have hereunder set my hand and official seal this the ____ day of _____________, 2020. Notary Public My Commission Expires: 5 Articles of Incorporation Kings Ranch HOA Page 6 EXHIBIT A 6 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR Kings Ranch Prepared by and Return to: Jennifer N. Fountain, Esq. Isaacson Sheridan 804 Green Valley Road, Ste. 200 Greensboro, NC 27408 1 TABLE OF CONTENTS 1. Application of the North Carolina Planned Community Act. ...................................................................... 6 2. Definitions. .................................................................................................................................................. 6 2.1. ............................................................................................................................... 6 ............................................................................................................................. 7 ............................................................................................................................. 7 ................................................................................................................................................... 7 .......................................................................................................................................... 7 ....................................................................................................................................... 7 ......................................................................................................................................................... 7 ............................................................................................................................................. 7 ...................................................................................................................................... 7 - ....................................................................................................................... 7 ................................................................................................................................................... 7 .......................................................................................................................... 7 ................................................................................................................................................ 8 ............................................................................................................................... 8 ............................................................................................................................................................. 8 ............................................................................................................................ 8 ............................................................................................................................................... 8 ..................................................................................................................................................... 8 ................................................................................................................................................... 8 ........................................................................................................................................... 8 ...................................................................................................................... 8 ............................................................................................................................ 8 .................................................................................................................................................... 8 ....................................................................................................................................................... 8 .................................................................................................................................. 9 .................................................................................................................................. 9 .................................................................................................................................. 9 ................................................................................................................................ 9 ................................................................................................................... 9 ......................................................................................................................... 9 3. Kings Ranch Homeowners Association, Inc. ............................................................................................... 9 3.1. Purposes. ...................................................................................................................................................... 9 3.2. Powers and Responsibilities....................................................................................................................... 10 3.3 Voting Rights and Meetings....................................................................................................................... 10 3.4 Bylaws. ...................................................................................................................................................... 10 4. Use and Occupancy of Lots and Common Areas. .......................................................................................... 11 4.1. Fundamental Restriction on Use. ............................................................................................................... 11 4.2. Fundamental Restriction on Occupancy. .................................................................................................... 11 4.3. Additional Restrictions on Use and Occupancy of Lots............................................................................. 11 4.3.1 Completion of Construction. ...................................................................................................................... 11 4.3.2 Subdivision of Lots .................................................................................................................................... 11 2 4.3.3 Subdivision of Common Area. ................................................................................................................... 11 4.3.4 Signs. ....................................................................................................................................................... 11 4.3.5 Refuse Storage. .......................................................................................................................................... 12 4.3.6 Storage of Building Materials. ................................................................................................................... 12 4.3.7 Temporary Structures................................................................................................................................. 12 4.3.8 Parking and Vehicle Storage. ..................................................................................................................... 12 4.3.9 Offensive Activities Prohibited. ................................................................................................................. 12 4.3.10 Underground Utilities. ............................................................................................................................... 12 4.3.11 Mobile Homes and Manufactured Housing. .............................................................................................. 12 4.3.12 Screening. .................................................................................................................................................. 12 4.3.13 Swimming Pools. ....................................................................................................................................... 13 4.4 Rules and Regulations. ............................................................................................................................... 13 4.4.1. ................................................................................................................................ 13 4.4.2. Board Authority. ........................................................................................................................................ 13 4.4.3. Members' Authority. .................................................................................................................................. 13 4.4.4. Conflicts. .................................................................................................................................................... 13 4.5. Limitations. ................................................................................................................................................ 13 4.5.1. Displays ..................................................................................................................................................... 13 4.5.2. Activities Within Dwellings ....................................................................................................................... 13 4.5.3. Alienation. ................................................................................................................................................. 14 4.5.3 Abridging Existing Rights. ......................................................................................................................... 14 4.6 Common Areas Administrative Rules ........................................................................................................ 14 4.7 Notice to Purchasers and Mortgagees ........................................................................................................ 14 5. Architecture and Landscaping.................................................................................................................... 15 5.1. General. ...................................................................................................................................................... 15 5.2 Architectural Review. ................................................................................................................................ 15 5.2.1. By Declarant. ............................................................................................................................................. 15 5.2.2. Architectural Review Committee. .............................................................................................................. 16 5.3 Reviewer. ................................................................................................................................................... 16 5.4 Guidelines and Procedures. ........................................................................................................................ 16 5.4.1 Architectural Guidelines. ........................................................................................................................... 16 5.4.2 Procedures. ................................................................................................................................................ 17 5.5 No Waiver of Future Approvals................................................................................................................. 18 5.6 Variances. .................................................................................................................................................. 18 5.7 Limitation of Liability. ............................................................................................................................... 19 5.8 Certificate of Compliance. ......................................................................................................................... 19 5.9 View Impairment. ...................................................................................................................................... 19 6. Maintenance and Repair ............................................................................................................................ 20 6.1 General ....................................................................................................................................................... 20 6.2 Association Responsibility. ........................................................................................................................ 20 6.3 ............................................................................................................................. 20 6.4 Associat ........................................................................... 21 6.5 Cost of Maintenance .................................................................................................................................. 21 6.6 Conveyance of Common Areas to Association; No Implied Rights .......................................................... 21 6.7 Liability. ..................................................................................................................................................... 22 3 7. Insurance. ................................................................................................................................................... 22 7.1 ility. ..................................................................................................................... 22 7.2 .............................................................................................................................. 25 8. Repair and Reconstruction. ........................................................................................................................ 26 9. Assessments and Association Finances ...................................................................................................... 27 9.1 Purpose of Assessments ............................................................................................................................. 27 9.2 Creation of the Lien and Personal Obligation for Assessments ................................................................. 27 9.3 Budgeting and Allocating Common Expenses. .......................................................................................... 28 9.4 Special Assessments. ................................................................................................................................. 29 9.5 Specific Assessments. ................................................................................................................................ 30 9.6 Authority to Assess Owners; Time of Payment. ........................................................................................ 30 9.7 Neighborhood Assessments. ...................................................................................................................... 30 9.8 Subordination of Liens to Mortgages ......................................................................................................... 31 9.9 Remedies of the Association. ..................................................................................................................... 31 9.10 Budget Deficits During Declarant Control. ................................................................................................ 33 9.11 Failure to Assess ........................................................................................................................................ 33 9.12 Statement of Account. ................................................................................................................................ 33 9.13 Exempt Property. ....................................................................................................................................... 34 9.14 Capitalization of Association. .................................................................................................................... 34 10. Expansion of the Community ..................................................................................................................... 34 10.1. Expansion by Declarant. ............................................................................................................................ 34 10.2. Expansion by the Association. ................................................................................................................... 35 10.3. Withdrawal of Property.............................................................................................................................. 35 11. Declarant Rights. ....................................................................................................................................... 35 11.1. Reasonable Rights To Develop. ................................................................................................................. 35 11.2. Marketing and Sales Activities. ................................................................................................................. 36 11.3. Construction of Improvements. .................................................................................................................. 36 11.4. Right to Approve Additional Covenants. ................................................................................................... 36 11.5. Right to Transfer or Assign Declarant Rights. ........................................................................................... 37 11.6. Exclusive Rights to Use Name of Development. ....................................................................................... 37 11.7. Right to Approve Changes in Community Standards. ................................................................................ 37 11.8. Easement to Inspect and Right to Correct. ................................................................................................. 37 11.9 Neighborhoods. .......................................................................................................................................... 38 11.10 Appointment or Removal of Members of the Board and officers. ............................................................. 38 11.11 Amendment to Declaration. ....................................................................................................................... 38 11.12 Review of Design and Construction. .......................................................................................................... 38 12. Easements. ................................................................................................................................................. 38 12.1 Owners' Easements of Enjoyment. ............................................................................................................. 38 12.2 Walks, Drives, Parking Areas, and Utilities. .............................................................................................. 39 12.3 Encroachments and Declarant's Easement to Correct Drainage ................................................................. 39 12.4 Easement for Entry Features ...................................................................................................................... 39 12.5 Construction and Sale Period Easement. ................................................................................................... 39 12.6 Irrigation. ................................................................................................................................................... 40 4 12.7 Fence Easement ......................................................................................................................................... 40 12.8 Easement to Government Entities .............................................................................................................. 40 12.9 Easement and Right of Entry for Repair, Maintenance and Reconstruction. ............................................ 40 12.10 Pedestrian Easements ................................................................................................................................. 40 12.11 Right of the Association and Declarant to Enter Upon the Common Areas............................................... 41 12.12 Right-of-Way Over Roadways ................................................................................................................... 41 12.13 Utility and Drainage Easements ................................................................................................................. 41 12.14 ............................................... 42 12.15 Easement Reserved for the Association and Declarant .............................................................................. 42 12.16 Additional Easements. ............................................................................................................................... 42 13. Dispute Resolution and Limitation on Litigation. ...................................................................................... 42 13.1. Consensus for Association Litigation......................................................................................................... 42 13.2 Alternative Method for Resolving Disputes. .............................................................................................. 43 13.3. Claims. ....................................................................................................................................................... 43 13.4. Mandatory Procedures. .............................................................................................................................. 44 13.5 Allocation of Costs of Resolving Claims. .................................................................................................. 45 13.6 Enforcement of Resolution. ....................................................................................................................... 46 14. Mortgagee Provisions. ............................................................................................................................... 46 14.1 Notices of Action. ...................................................................................................................................... 46 14.2 No Priority ................................................................................................................................................. 46 14.3 Notice to Association. ................................................................................................................................ 47 14.4 Failure of Mortgagee To Respond. ............................................................................................................ 47 14.5 Construction of Article XIV. ..................................................................................................................... 47 15. Changes in Common Areas ........................................................................................................................ 47 15.1. Condemnation. ........................................................................................................................................... 47 15.2. Transfer, Partition, or Encumbrance of Common Areas. ........................................................................... 48 16. Fines and Suspension of Privileges or Services. ........................................................................................ 48 17. Miscellaneous. ........................................................................................................................................... 48 17.1 Parties Bound ............................................................................................................................................. 48 17.2 Duration ..................................................................................................................................................... 48 17.3 Amendment ................................................................................................................................................ 48 17.4 Enforcement ............................................................................................................................................... 49 17.5 Failure to Enforce Not a Waiver ................................................................................................................ 49 17.6 Assignment by Declarant. .......................................................................................................................... 49 17.7 Notice of Sale, Lease or Acquisition.......................................................................................................... 49 17.8 Variances. .................................................................................................................................................. 49 17.9 Severability ................................................................................................................................................ 49 17.10 Captions. .................................................................................................................................................... 50 17.11 Law Controlling ......................................................................................................................................... 50 17.12 References to Statutes. ............................................................................................................................... 50 17.13 Assessments for Public Improvements/Ad Valorum Taxes. ...................................................................... 50 5 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR KINGS RANCH This Declaration is made this the _____ day of April, 2020 by Providence Church 170, LLC, a North Carolina limited liability company, P.O. Box 489, Colfax, NC 27235, hereinafter re A. The Declarant is the owner of that tract of land located in Randolph County, North Carolina, and described in Exhibit A ); B. The Declarant intends to subdivide the Property into residential lots, common areas and public rights-of-way, and to create from the Property and such additional land as may be subjected to this Declaration pursuant to Article X below a planned community to be known as Kings Ranch Homeowners Association, Inc. C. The Declarant desires to impose certain restrictive and protective covenants upon the Property to provide voting rights for Members in the Association and assessment allocations for Common Expenses to protect and to promote the beneficial ownership, use and enjoyment of all residential lots located within the Community. THEREFORE, pursuant to Chapter 47F of the North Carolina General Statutes (the Kings Ranch Homeowners Association, Inc., a North Carolina planned community, and declares that henceforth all portions of the Property shall be held and owned subject to the following terms, provisions, covenants, conditions and restrictions, which shall run with the Property and which shall be binding upon all owners of any portion of the Property and their lessees, guests, mortgagees, heirs, executors, administrators, successors and assigns. Article I Application of the North Carolina Planned Community Act The terms and provisions of Chapter 47F of the North Carolina General Statutes, as the same shall be amended from time to time, shall apply to the Community. Article II Definitions The definitions set forth in N.C.G.S. § 47F-1-103 shall apply to this Declaration and are incorporated herein, except that the terms listed below shall have the specific meanings stated: 2.1. shall mean an instrument recorded at the Randolph County Registry that subjects additional land to this Declaration. 6 2.2. shall mean the architectural, design and construction guidelines and review procedures adopted pursuant to Article V below, as they may be amended. 2.3. shall mean the Articles of Incorporations for Kings Ranch Homeowners Association, Inc. a North Carolina nonprofit corporation. 2.4. shall mean Kings Ranch Homeowners Association, Inc., a North Carolina non-profit corporation, its successors and assigns. 2.5 shall mean the assessment levied on all Lots subject to assessment under Article IX below to fund Common Expenses, as determined in accordance with Article IX below. 2.6. defined by the Planned Community Act and as created by the Bylaws. 2.7. shall mean the bylaws of the Association as they now or hereafter exist and as they may be amended from time to time. 2.8 shall mean all property, and any improvements thereon, wherever located, owned or leased by or dedicated to the Association or subjected to an easement or license in favor of the Association for the common use and enjoyment of Members. Common Areas shall include all water and sewer lines serving more than one Lot and located outside any public rights-of-way or utility easements. Common Areas shall include any Stormwater Control Facilities serving more than one Lot and not accepted by any governmental authority for maintenance. Common Areas shall include any streets or road rights-of-way serving more than one Lot and not accepted by any governmental authority for maintenance. 2.9. shall mean all costs of the Association in maintaining Common Areas, and meeting its responsibilities pursuant to Articles VI, VII and IX of this Declaration. 2.10. - shall mean the standard of conduct, maintenance, or other activity generally prevailing in Randolph County, North Carolina, or the minimum standards established pursuant to the Architectural Guidelines, Rule and Regulations, and Board resolutions, whichever is the higher standard. Declarant shall initially establish such standard, which may involve both objective and subjective elements. The Community-Wide Standard shall evolve as the Community evolves. 2.11. shall mean Providence Church 170, LLC, a North Carolina limited liability company, or any successor or assign designated as Declarant in a Recorded Document executed by the immediately preceding Declarant. 2.12. shall mean the period of time during which Declarant holds a fee interest or contractual right in any portion, however small, of the land described in Exhibit A and/or Exhibit B attached hereto and incorporated herein. 7 2.13. shall mean this Declaration of Covenants, Conditions, Easements and Restrictions for Kings Ranch Homeowners Association, and any amendments hereto or restatements hereof. 2.14. shall mean, collectively, this Declaration, any applicable Supplemental Declaration, the Articles of Incorporation, the Bylaws, the Architectural Guidelines and the Rules and Regulations, as the same may be amended from time to time. 2.15. shall mean any separate parcel of land within the Community designated for separate ownership or occupancy and residential use. 2.16. shall mean a portion of the Common Areas reserved for the exclusive use of one or more, but less than all, of the Lots. 2.17. shall mean the master land-use plan for the development of the Community approved by Randolph County, North Carolina. 2.18. shall mean and refer to every person or entity entitled to membership in the Association as provided in Article III below. 2.19. shall mean a deed of trust recorded at the Randolph County Registry that is 2.20. shall mean any area or areas within the Community designated by a Supplemental Declaration to be a distinct or separate residential area within the Community, the residents of which will share or have in common expenses, interests, concerns, responsibilities, needs or uses not shared by or common to all residents within the Community. 2.21. shall mean assessments levied in accordance with Section 9.7 below. 2.22. shall mean the actual and estimated expenses which the Association incurs or expects to incur for the benefit of Owners within a particular Neighborhood or Neighborhoods, which may include reasonable reserves for capital repairs and replacements and reasonable administrative charges, as may be authorized pursuant to this Declaration or in the Supplementary Declaration(s) applicable to such Neighborhood(s). 2.23. means any person occupying all or any portion of a Lot or other property located within the Community for any period of time, regardless of whether such person is a 2.24. shall mean and refer to an owner of record of a fee simple interest in any Lot, including contract sellers, but excluding those having an interest only as security for the performance of an obligation. There may be more than one Owner of any single Lot. 8 2.25. shall mean any document, including any map or plat of survey, recorded at the Office of the Register of Deeds of Randolph County, North Carolina. 2.26. shall mean the initial rules and regulations for use and occupancy of the Lots and the Common Areas set forth in Exhibit C, as they may be supplemented, modified, restated or superseded pursuant to Article IV below. 2.27. shall mean assessments levied in accordance with Article 9 below. 2.28. shall mean assessments levied in accordance with Article 9 below. 2.29. shall mean one or more of the following devices and measures, together with associated private drainage easements utilized for conveying stormwater (however identified on a plat, map or in a recorded document) that serve(s) the Property and which are located outside of public street rights-of-way and drainage easements accepted into public use by Randolph County, including, but not limited to, bio-cells, conduits, inlets, channels, pipes, level spreaders, ditches, grassed swales, sand filters, wet ponds, dry detention basins, wetlands, permanently protected undisturbed open space areas (and similarly designated areas shown on any recorded plat of any portion of the Property), bio-retention areas, retention or detention ponds, runoff and pollutants for more than one (1) Lot in the Property. Private drainage easements, however identified on a recorded plat or recorded map or in a recorded document, that serve more than one (1) Lot are deemed to be dedicated to the Association for the benefit of the Property or applicable portions thereof. 2.30. shall mean any declaration of covenants, conditions, easements and/or restrictions that Declarant may file at the Randolph County Registry subsequently to filing this Declaration, which shall apply only to a particular area or areas within the Community. Such Supplemental Declaration may supplement, change, amend or supersede the terms and provisions of this Declaration as necessary to accommodate differences between the plan of the development for the subject property and the plan of the development for the rest of the Community. Article III Kings Ranch Homeowners Association, Inc. Every person or entity who is an owner of a fee or undivided fee simple interest in any of the Lots shall be a Member of the Association. Ownership of such interest shall be the sole qualification for membership, and membership shall be appurtenant to and shall not be separated from such ownership. The Association shall be organized and governed as follows: 3.1. Purposes. The purposes of the Association shall be: 9 a. To maintain and preserve all Common Areas, and all roads, streets, decorative and protective structures (including but not limited to entry monuments and buffer walls), ponds, lakes, utilities, landscaped areas and other improvements located thereon, if any; b. To enforce the provisions of the Governing Documents; c. the Planned Community Act; d. To promote and to protect the enjoyment and beneficial use and ownership of the Lots; and e. To promulgate and enforce the Rules and Regulations and administrative rules and regulations for use of the Common Areas. 3.2. Powers and Responsibilities. The Association shall have all powers and responsibilities Planned Community Act, the terms and provisions of which are incorporated herein. The Association shall also have all rights and powers and shall perform all duties and functions that may be assigned to it by Declarant pursuant to this Declaration. 3.3 Voting Rights and Meetings. On matters of Association business submitted to vote of the membership, there shall be two classes of membership: Class A. Every person who is an Owner, with the exception of the Declarant, shall be a Class A Member. Class A Members shall be entitled to one (1) vote per Lot. No more than one vote per Lot may be cast by Class A Members, regardless of the number of Owners of a given Lot. Class B. The Declarant shall be the sole Class B Member. Class B membership shall be a full voting membership and, during its existence, the Class B Member shall be entitled to vote on all matters or issues before or considered by the Association. The Class B Member shall be entitled to three (3) votes for each Lot it owns, plus one (1) vote for each Lot owned by a person other than the Declarant. The Class B membership shall cease and shall be converted to Class A membership at such time as the first of the following events occur: (i) the date that all the Lots in the Community have been conveyed by the Declarant to other Owners; (ii) the surrender by the Declarant of the right to appoint or remove any officer of the Association or member of the rights to appoint or remove any officer of the Association or member of the Board pursuant to Article XI below. Unless otherwise provided herein or in the Planned Community Act, all voting matters shall be decided by a simple majority vote. Requirements for a quorum shall be as provided by the Bylaws. The Members shall meet as provided by the Bylaws. 3.4 Bylaws. The initial Board shall enact and adopt all and any Bylaws that they deem 10 necessary for the operation of the Association, which Bylaws shall be binding upon all Members, their Mortgagees, lessees, agents and invitees. Article IV Use and Occupancy of Lots and Common Areas 4.1. Fundamental Restriction on Use. The Lots and Common Areas shall be used for residential and related purposes only, subject to and consistent with the Governing Documents, including the Rules and Regulations; provided that Declarant, the Association and/or builders approved by Declarant may maintain a business or management office within the Community, and provided that Declarant and/or any brokers or builders approved by Declarant may maintain information centers, model homes and sales offices within the Community. Notwithstanding the above, home business use ancillary to the primary residential use of a Lot is permitted, subject to the Rules and Regulations and all applicable laws and ordinances of governmental authorities. 4.2. Fundamental Restriction on Occupancy. All Occupants of a single Lot shall be members of a single family. For purposes of this Declaration, a single family unit is defined as a group of individuals related by blood, marriage, adoption, or guardianship, or not more than three (3) persons not so related, living together as a single housekeeping unit. The number of Occupants on each Lot shall also be reasonably limited of the Common Areas. 4.3. Additional Restrictions on Use and Occupancy of Lots. Use and occupancy of all Lots shall be restricted as follows: 4.3.1 Completion of Construction. Once construction of any structure located within the Community is begun, it must be prosecuted diligently and must be completed within twelve (12) months of its commencement, unless otherwise approved in writing by Declarant. 4.3.2 Subdivision of Lots. No dwelling shall be erected on less than one Lot and no Lot shall be subdivided; however, owners of adjoining Lots may adjust a common boundary line, provided that the adjustment conforms in all respects with all applicable governmental regulations and ordinances, and with this Declaration. 4.3.3 Subdivision of Common Area. No Common Area shall be subdivided unless a revised Preliminary Plat and a revised Final Plat showing such subdivision have been submitted and approved by the governing municipality. 4.3.4 Signs. No signs, billboard or other advertising of any kind shall be displayed to public view on any Lot, right of way or Common Areas. This provision shall not apply to marketing, construction, advertising or informational signs placed on any Lot, right of way or Common Areas by Declarant. This provision shall not apply to professionally prepared signs 11 placed on any Lot which are used to advertise a Lot for sale or rent, provided that no such sign prior to the display of such signs, the Association may itself remove, have removed, or require the removal of any such sign which in its opinion would not otherwise be allowed under Article 5 of this Declaration or as amended or supplemented. A valid easement shall exist on any Lot for such removal by the Association or its agents. 4.3.5 Refuse Storage. No Lot shall be used or maintained as a dumping ground for rubbish of any character whatsoever, nor for the storage of any property or thing that will cause such Lot to appear in an unclean or untidy condition or that will be obnoxious to the eye, nor shall any substance, thing or material be kept upon any Lot that will emit foul or obnoxious odors, or that will cause any noise that might disturb the peace, quiet, comfort or serenity of the occupants of surrounding Lots. Trash, garbage or other waste shall not be burned or disposed of on any Lot and shall be kept in sanitary containers approved by the ARC. All equipment for the storage prior to disposal of such material shall be kept in a clean and sanitary condition. The placement of containers shall be approved by the ARC and, in any event, shall be kept in an enclosed area not subject to view from any person, from any direction. 4.3.6 Storage of Building Materials. No lumber, brick, stone, cinder block, concrete block, cement or other materials used for building purposes shall be stored upon any Lot longer than a reasonable time for the completion of the construction in which they are to be used. 4.3.7 Temporary Structures. No temporary structures such as sheds shall be erected or placed on a Lot without the written approval of the Declarant or the Association. Such structures, if permitted, may be used only during periods of construction, and never as a residence. 4.3.8 Parking and Vehicle Storage. Only licensed and operative vehicles, classified as passenger cars, station wagons, passenger pick-up trucks or passenger vans may be regularly parked in driveways. No vehicle will be permitted to park regularly on any roadway within the Community. Recreational vehicles must be screened from view. No vehicle located on a Lot may be used as a dwelling, even temporarily. 4.3.9 Offensive Activities Prohibited. No noxious or offensive activity shall be conducted upon any Lot or Common Areas, nor shall anything be conducted thereon tending to cause embarrassment, discomfort, annoyance or nuisance to the neighborhood or to the Occupants of any Lot. 4.3.10 Underground Utilities. All utility lines serving structures located on Lots shall be placed underground. 4.3.11 Mobile Homes and Manufactured Housing. No mobile home, trailer or manufactured housing shall be located on any Lot. 4.3.12 Screening. Boats, boat trailers, campers, antennae, clotheslines, pet enclosures and the like shall not be located on a Lot so as to be visible from any roadway or any other Lot. 12 4.3.13 Swimming Pools. No above ground swimming pools shall be located on any Lot. 4.4 Rules and Regulations. In addition to the restrictions stated above, which may be modified or rescinded only by an amendment to this Declaration, use and occupancy of the Lots and Common Areas shall be subject to the Rules and Regulations, which are intended to govern day-to-day use and occupancy of the Lots and Common Areas. The initial Rules and Regulations are set forth in Exhibit C attached hereto and incorporated herein. In order to adapt and respond to changing or unforeseen circumstances affecting the Community, the Declarant, the Association and the Owners must have the ability to change the Rules and Regulations in an expedited and inexpensive manner. Accordingly, the Rules and Regulations may be amended, supplemented and/or rescinded and restated as set forth in this Section 4.4. 4.4.1. . During the Declarant Control Period, the Declarant shall have the unilateral right to amend, supplement and/or rescind and restate the Rules and Regulations, without prior notice to the Association or to other Owners; provided that no such action by Declarant may have a materially adverse effect on title to or marketability of any Lot. 4.4.2. Board Authority. The Board may amend, supplement and/or rescind and restate the Rules and Regulations. The Board shall send notice by mail or electronic notification to all Members concerning any such proposed action at least five (5) business days prior to the Board meeting at which such action is to be considered. Members shall have a reasonable opportunity action shall be final, subject only to subsection 4.4.1 above. 4.4.3. Members' Authority. Members representing more than Fifty percent (50%) of the total votes in the Association, at an Association meeting duly called for such purpose, may amend, supplement and/or rescind and restate the Rules and Regulations. 4.4.4. Conflicts. Nothing in this Article shall authorize the Board to modify, repeal or expand the Architectural Guidelines or any provision of this Declaration. In the event of a conflict between the Architectural Guidelines and the Rules and Regulations, the Architectural Guidelines shall control. In the event of a conflict between this Declaration and the Rules and Regulations, this Declaration shall control. 4.5. Limitations. The right and ability of the Declarant and the Board to amend, supplement or restate the Rules and Regulations shall be limited as follows: 4.5.1. Displays. The rights of Owners to display religious and holiday signs, symbols and decorations inside structures on their Lots of the kinds normally displayed in single-family residential neighborhoods shall not be abridged, but no such display may violate the Community- Wide Standard or violate any other provision of this Declaration. 4.5.2. Activities Within Dwellings. No rule established pursuant to this Article shall interfere with the activities carried on within the confines of dwellings, except that the 13 Association may restrict or prohibit any activities that create costs for the Association or other Owners, that create a danger to the health or safety of others, that generate excessive noise, traffic or use of parking facilities, that create unsightly conditions visible outside the dwelling or that otherwise violate the provisions of this Declaration or any applicable governmental law, ordinance or regulation. 4.5.3. Alienation. No rule promulgated pursuant to this Section shall prohibit leasing or transfer of any Lot or require consent of the Association or Board for leasing or transfer of any Lot; however, the Association may require a minimum lease term of six (6) months and otherwise regulate the leasing of Lots, excepting any Lots subject to a mortgage which is insured or guaranteed by the Federal Housing Administration or the Veterans Administration, or where the provisions of this Section 4.5.3 are otherwise prohibited by law. 4.5.3 Abridging Existing Rights. No rule shall require an Owner to dispose of personal property that was in or on a Lot prior to the adoption of such rule and which was in compliance with all rules previously in force. This limitation shall apply only for the duration of such Owner's ownership of the Lot personally, and this right shall not run with title to any Lot. The limitations stated in this subsection shall not apply to amendments to this Declaration. 4.6 Common Areas Administrative Rules. The Board may promulgate and enforce administrative rules and regulations governing use of the Common Areas without notice to the Members or any hearing. Examples of such administrative rules and regulations shall include, but not be limited to, setting hours of operation of a recreational facility or allocating or reserving use of a facility by particular individuals at particular times. 4.7 Notice to Purchasers and Mortgagees. All prospective purchasers and mortgagees are given notice that use of the Lots and the Common Areas is restricted and governed by the Rules and Regulations, as they may be amended, expanded, and otherwise modified hereunder. Each Owner, by acceptance of a deed, acknowledges and agrees that the use, enjoyment and marketability of his or her Lot shall be affected by the Rules and Regulations which may change from time to time, and that the current Rules and Regulations may not be set forth in a Recorded Document. Take notice that the Declarant or the Association may have changed the initial Rules and Regulations since the recording of this Declaration. The Association shall provide a copy of the current Rules and Regulations to any prospective purchaser Member or Mortgagee upon written request and payment of the reasonable cost of such copy. 14 Article V Architecture and Landscaping 5.1. General. No structure or thing, including but not limited to fences, shall be placed, erected, or installed upon any Lot and no improvements or other work (including staking, clearing, excavation, grading, and other site work, exterior alterations of existing improvements, or planting or removal of landscaping) shall take place on any Lot except pursuant to approval and in compliance with this Article and the Architectural Guidelines. No approval shall be required to repaint the exterior of a structure in accordance with the originally approved color scheme or to rebuild in accordance with originally approved plans and specifications. Any Owner may remodel, paint, or redecorate the interior of a dwelling located on his or her Lot without approval; provided that modifications to the interior of a dwelling visible from outside the structure shall be subject to approval. Any improvements constructed on a Lot shall be designed by and built in accordance with the plans and specifications of a licensed architect unless otherwise approved by Declarant or its designee in its sole discretion. This Article shall not apply to Declarant's activities or to the Association's activities during the Declarant Control Period. 5.2 Architectural Review. 5.2.1. By Declarant. Each Owner, by accepting a deed or other instrument conveying any legal or equitable interest in a Lot, acknowledges that, as the developer and owner of real estate in the vicinity of and within the Community, Declarant has a substantial interest in the quality and appearance of improvements within the Community, and in determining that they enhance Declarant's reputation as a developer and do not impair Declarant's ability to market, sell, or lease its property. Therefore, no Owner shall commence any activity within the scope of this Article on his or her Lot unless and until Declarant or its designee has given its prior written approval for such activity, which approval may be granted or withheld in Declarant's or its designee's sole discretion. In reviewing and acting upon any request for approval, Declarant or its designee shall act solely in Declarant's interest and shall owe no duty to any other person. Declarant's rights reserved under this Article shall continue or as long as Declarant owns any portion of the real property described in Exhibit A or B or has the right to expand the Community pursuant to Section 10.1, unless earlier terminated by Declarant by a Recorded Document. Declarant may, in its sole discretion, designate one or more persons from time to time to act on its behalf in reviewing applications hereunder. 15 Declarant may from time to time, but shall not be obligated to, delegate all or a portion of its reserved rights under this Article to any other person or committee. Any such delegation shall be in writing, specifying the scope of responsibilities delegated, and shall be subject to (a) Declarant's right to revoke such delegation at any time and reassume jurisdiction over the matters previously delegated, and (b) Declarant's right to veto any decision which Declarant determines, in its sole and exclusive discretion, to be inappropriate or inadvisable for any reason. So long as Declarant has any rights under this Article, the jurisdiction of any other person or committee shall be limited to such matters as are specifically delegated to it by Declarant. 5.2.2. Architectural Review Committee. Upon delegation by Declarant or upon expiration of the Declarant Control Period, the Association, acting through an architectural review committee ("ARC") appointed by the Board, shall assume jurisdiction over architectural matters. The ARC shall consist of at least three (3), but not more than seven (7), persons who shall serve and may be removed and replaced at the Board's discretion. The members of the ARC need not be Members, and may, but need not, include architects, engineers, or similar professionals, whose compensation, if any, the Board shall establish from time to time. Unless and until such time as Declarant delegates all or a portion of its reserved rights to the Association or expiration of the Declarant Control Period, the Association shall have no jurisdiction over architectural matters. 5.3 Reviewer. For purposes of this Article, the committee or entity having jurisdiction over architectural matters in a particular case shall be referred to as the "Reviewer." The Reviewer 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. 5.4 Guidelines and Procedures. 5.4.1 Architectural Guidelines. Declarant may prepare Architectural Guidelines applicable to Lots which may contain general provisions applicable to all Lots as well as specific provisions which vary among the Lots according to location, Neighborhood, use, or other factors. The Architectural Guidelines are intended to provide guidance to Owners regarding matters of particular concern to the Reviewer in considering applications hereunder. The Architectural Guidelines are not the exclusive basis for the Reviewer's decisions, and compliance with the Architectural Guidelines does not guarantee approval of any application. Further, the Architectural Guidelines may be more restrictive than guidelines followed by Randolph Declarant shall have sole and full authority to amend the Architectural Guidelines as long as it owns any portion of the real property described in Exhibit A or B or has a right to expand the Community pursuant to Section 10.1, notwithstanding a delegation of reviewing authority, unless Declarant also delegates the power to amend the Architectural Guidelines. Upon termination or delegation of Declarant's right to amend, the ARC shall have the authority 16 to amend the Architectural Guidelines with the Board's consent. Any amendments to the Architectural Guidelines shall be prospective only and shall not apply to require modifications to or removal of structures previously approved once the approved construction or modification has commenced. There shall be no limitation on the scope of amendments to the Architectural Guidelines, and such amendments may remove requirements previously imposed or otherwise make the Architectural Guidelines less restrictive. The Association shall maintain a copy of the Architectural Guidelines, as they may exist from time to time, and shall make them available to Members or Owners for inspection and copying upon reasonable notice during the Association's business hours. In Declarant's discretion, such Architectural Guidelines may be recorded at the Randolph County Registry, in which event the recorded version, as it may be amended, shall control in the event of any dispute as to which version of the Architectural Guidelines was in effect at any particular time. 5.4.2 Procedures. Except as the Architectural Guidelines otherwise specifically provide, no activity described in Section 5.1 shall commence on any Lot until an application for approval has been submitted to and approved by the Reviewer. Such application shall include plans and specifications showing site layout, exterior elevations, exterior materials and colors, landscaping, drainage, exterior lighting, irrigation, and other features of proposed construction, as applicable. The Architectural Guidelines and the Reviewer may require the submission of such additional information as deemed necessary to consider any application. In reviewing each submission, the Reviewer may consider any factors it deems relevant, including, without limitation, harmony of external design with surrounding structures and environment. Decisions may be based solely on aesthetic considerations. Each Owner acknowledges that determinations as to such matters are purely subjective and opinions may vary as to the desirability or attractiveness of particular improvements. Subject to Declarant's veto power described below, the Reviewer shall have the sole discretion to make final, conclusive, and binding determinations on matters of aesthetic judgment. Such determinations shall not be subject to review so long as they are made in good faith and in accordance with the procedures described in this Article. The Reviewer shall make a determination on each application within thirty (30) days after receipt of a completed application and all required information. The Reviewer may (a) approve the application, with or without conditions; (b) approve a portion of the application and disapprove other portions; (c) disapprove the application; or (d) request further or additional information. The Reviewer may, but shall not be obligated to, specify the reasons for any objections or offer suggestions for curing any objections. Until expiration of Declarant's rights under this Article, the ARC shall notify Declarant in writing within three (3) business days after the ARC has approved an application. The notice shall be accompanied by a copy of the application and any additional information which Declarant may require. Declarant shall have ten (10) days after receipt of such notice to veto any such action, in its sole discretion, by written notice to the ARC and the applicant. In any event, the Reviewer shall notify the applicant in writing of a final determination within forty-five (45) days after its receipt of a completed application and all required 17 information. In the event that the Reviewer fails to respond in a timely manner, approval shall be deemed to have been given, subject to Declarant's veto right. However, no approval, whether expressly granted or deemed granted pursuant to the foregoing, shall be inconsistent with the Architectural Guidelines unless the Reviewer has granted a variance pursuant to Section 5.6. Notice shall be deemed to have been given at the time the envelope containing the response is deposited with the U.S. Postal Service or sent via electronic notification. 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 applicant. If construction does not commence on a project for which plans have been approved within one (1) year after the date of approval, such approval shall be deemed withdrawn, and it shall be necessary for the Owner to reapply for approval before commencing construction of any proposed improvements. Once construction is commenced, it shall be diligently pursued to completion. All work shall be completed within one year of commencement unless otherwise specified in the notice of approval or unless the Reviewer grants an extension in writing, which it shall not be obligated to do. If approved work is not completed within the required time, it shall be considered nonconforming and shall be subject to enforcement action by the Association, Declarant, or any aggrieved Member. The Reviewer may by resolution exempt certain activities from the application and approval requirements of this Article, provided such activities are undertaken in strict compliance with the requirements of such resolution. 5.5 No Waiver of Future Approvals. Each Owner acknowledges that the persons reviewing applications under this Article will change from time to time and that opinions on aesthetic matters, as well as interpretation and application of the Architectural Guidelines, may vary accordingly. In addition, each Owner acknowledges that it may not always be possible to identify objectionable features until work is completed, in which case it may be unreasonable to require changes to the improvements involved, but the Reviewer may refuse to approve similar proposals in the future. Approval of applications or plans, or in connection with any other matter requiring approval, shall not constitute a binding precedent in any other matter or waiver of the right to withhold approval as to any similar applications, plans, or other matters subsequently or additionally submitted for approval. 5.6 Variances. The Reviewer may authorize variances from compliance with any of its guidelines and procedures when circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental considerations require, but only in accordance with duly adopted rules and regulations. No variance shall (a) be effective unless in writing; (b) be contrary to this Declaration; or (c) estop the Reviewer from denying a variance in other circumstances. For purposes of this Section, the inability to obtain approval of any governmental agency, the 18 issuance of any permit, or the terms of any financing shall not be considered a hardship warranting a variance. 5.7 Limitation of Liability. The standards and procedures this Article establishes are intended as a mechanism for maintaining and enhancing the overall aesthetics of the Community; they do not create any duty to any person. Review and approval of any application pursuant to this Article may be based on aesthetic considerations only. The Reviewer shall not bear any responsibility for ensuring (a) the structural integrity or soundness of approved construction or modifications, (b) compliance with building codes and other governmental requirements, (c) that Lots are of comparable quality, value, size, or of similar design, aesthetically pleasing, or otherwise acceptable to neighboring property owners, (d) that views from any other Lots or the Common Areas are protected, or (e) that no defects exist in approved construction. Declarant, the Association, the Board, any committee, or any member of any of the foregoing shall not be held liable for soil conditions, drainage, or other general site work; any defects in plans revised or approved hereunder; any loss or damage arising out of the actions, inaction, integrity, financial condition, or quality of work of any contractor or its subcontractors, employees, or agents; or 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 Association shall defend and indemnify the Board, the ARC, and any members thereof as provided in the Bylaws. 5.8 Certificate of Compliance. Any Owner may request that the Reviewer issue a certificate of architectural compliance certifying that such Owner's Lot has no known violations of this Article or the Architectural Guidelines. The Association shall either grant or deny such request within thirty (30) days after receipt of a written request and may charge a reasonable administrative fee for issuing such certificates. Issuance of such a certificate shall stop the Association from taking enforcement action with respect to any condition as to which the Association had notice as of the date of such certificate. 5.9 View Impairment. Neither Declarant nor the Association guarantee or represent that any view over and across any portion of the Community or any adjacent property will be preserved without impairment. Any additions or changes, whether occurring in the course of developing or maintaining the Community, may diminish or obstruct any view from Lots and any express or implied easements for view purposes or for the passage of light and air are hereby expressly disclaimed. 19 Article VI Maintenance and Repair 6.1 General All areas within the Property and all areas covered by easements or licenses owned or held by the Association shall be maintained to the Community-Wide Standard, and to all other standards stated in this Declaration, any Supplemental Declaration and the Bylaws, Rules and Regulations of the Association. The Association and the individual Owners shall be responsible for such maintenance, as provided in this Article VI. 6.2 Association Responsibility. Prior to their acceptance for public or private maintenance, any roads, streets, walks, entranceways, cul-de-sacs, and utilities in the Community shall be maintained by the Association. Such maintenance shall include repair and reconstruction, when necessary. Maintenance of the roads, streets, entranceways and cul-de-sacs in the Community shall conform to the standard of maintenance (if one is ascertainable) which would be required by the North Carolina Department of Transportation or other governmental entity before it would accept such roads, streets, entranceways and cul-de-sacs for maintenance. The Association shall also maintain the following: a. All landscaped rights-of-way and all entry features; b. All Common Areas, and all landscaping, paving, streets, structures and improvements of any nature located thereon; and c. All ponds, streams and culverts located on the Property which serve as part of any Stormwater Control Facilities. 6.3 . Each Owner shall maintain his or her Lot and all unimproved Common Areas along the boundaries of his or her Lot (e.g., area between lot line and curb). Each owner shall maintain all landscaping, paving, structures and improvements of any nature unimproved Common Areas shall include but not be limited to: a. Keeping the area free and clear of all litter, trash, refuse and wastes; b. Mowing lawns on a regular basis; c. Pruning trees and shrubs; d. Watering lawns; e. Keeping exterior lighting and mechanical facilities in working order; f. Keeping lawn and garden areas alive; g. Removing and replacing any dead plant material; 20 h. Keeping vacant land well maintained and free of trash and weeds; i. Keeping parking areas and driveways in good repair; j. Complying with all governmental health and police requirements; k. Repainting of all structures; l. Repair of exterior damage to all structures; and m. Regular cleaning and maintenance of all exterior surfaces of the dwelling, accessory buildings, structures and fences located on the Lot, including, but not limited to, the removal of mold and mildew. 6.4 s Responsibility. If any Owner or Occupant of a Lot fails to perform any of the duties or responsibilities set forth in this subsection, then the Association or Declarant may give such person written notice of such failure and such person must within ten (10) days after receiving such notice (which notice shall be deemed to have been received upon deposit in any official depository of the United States mail, addressed to the party own by the records of the Association, and sent by certified mail, return receipt requested), perform the care and maintenance required or otherwise perform the duties and responsibilities of such Owner. Should any such person fail to fulfill this duty and responsibility within such period, then the Declarant or the Association, acting through its authorized agent or agents, shall have the right and power to enter onto the Lot in question and perform such care and maintenance without any liability for damages for wrongful entry, trespass or otherwise at any person. All Owner(s) of a Lot on which such work is performed shall be liable for the cost of such work together with interest on the amounts expended by the Association or the Declarant in performing such work computed at the rate of twelve percent (12.00%) per annum from the date(s) such amounts are expended until repaid to the Association or the Declarant, as the case may be, and for all costs and expenses incurred in seeking the compliance of such Owner with his duties and responsibilities hereunder, and shall reimburse the Association or the Declarant, as the case may be, on demand for such costs and expense (including interest as above provided). If such Owner shall fail to reimburse the Association or the Declarant, as the case may be, within thirty (30) days after mailing to such Owner of a statement for such costs and expense by the Association or Declarant, the Association has performed the work on the Lot of the delinquent Owner(s), the Association may charge a Specific Assessment for such amounts against the Lot of such Owner(s), and proceed to collect such Specific Assessment as provided in Article IX below. 6.5 Cost of Maintenance. All costs of the Association in meeting its responsibilities pursuant to this Section shall be Common Expenses. 6.6 Conveyance of Common Areas to Association; No Implied Rights. Declarant, or the owner of the property with the consent of the Declarant, may transfer or convey to the Association at any time and from time to time any personal property and any interest in improved 21 or unimproved real property. Such conveyance shall be deemed to be accepted by the Association upon delivery of any personal property or upon recordation with the Randolph County Registry of a non-warranty deed conveying any interest in real property, and the property shall thereafter be Common Areas to be used and, if and as provided in this Article VI, maintained by the Association for the benefit of its Members. The Declarant shall not be required to make any improvements whatsoever to property to be conveyed and accepted pursuant to this Section and shall have no duty or obligation to convey any property or property rights to the Association regardless of whether or not any such property has been made available for the use of Owners. Declarant, or the owner of the property with consent of Declarant, may reserve, by lease, license, easement or otherwise such rights of use and enjoyment in and to all or any portion of the property so conveyed as Declarant may reasonably require so long as such reservation is not materially inconsistent with the overall scheme of development for the Community. Neither the recordation of any subdivision plat nor the use by the Owners or maintenance by the Association of any property shall create any rights, easements or licenses, in the Association or the Owners, express or implied, unless and until any such property rights, easements or licenses are conveyed by the Declarant or the owner of such property to the Association or the Owners, as the case may be, by an instrument recorded in the Office of the Register of Deeds of Randolph County, North Carolina. 6.7 Liability. Owners, Occupants and their guests shall use the Common Areas and all portions of the Community not contained within a Lot at their own risk and shall assume sole responsibility for their personal belongings used or stored thereon. All Owners and Occupants shall have an affirmative duty and responsibility to inspect the Common Areas and all portions of the Community not contained within a Lot for any defects, perils or other unsafe conditions relating to the use and enjoyment thereof. The Association, the Declarant and their respective officers, directors, employees, representatives and agents shall not be held liable for personal injury to any person, nor for loss or damage to personal belongings used or stored on any of the foregoing property. The Association shall not be liable for injury or damage to any person or property: (a) caused by the elements or by an Owner or any other person, (b) resulting from any rain or other surface water which may leak or flow from any street, pipe, plumbing, drain, conduit, appliance, equipment, security system, or utility line or facility, the responsibility for the maintenance of which is that of the Association or from any portion of the Common Property, or (c) caused by any street, pipe, plumbing, drain, conduit, appliance, equipment, security system, or utility line or facility, the responsibility for the maintenance of which is that of the Association, becoming out of repair. Nor shall the Association be liable to any Owner or Occupant for loss or damage, by theft or otherwise, of any property of such Owner or Occupant. Article VII Insurance 7.1 . 7.1.1 The Association shall obtain and continue in effect the following types of insurance, if reasonably available, or if not reasonably available, the most nearly equivalent coverages as are reasonably available. 22 a. Blanket property insurance for all insurable improvements on the Common Areas insuring against all risks of direct physical loss commonly insured against, including fire and extended coverage perils. All property insurance policies the Association obtains shall have policy limits sufficient to cover the full replacement cost of the insured improvements at the time of the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations and other items normally excluded from property policies. This coverage shall not, however, include any improvements or betterments installed by an Owner or any of the personal property belonging to an Owner. The Association shall be deemed trustee of all Members' interests in all insurance proceeds paid to the Association under any such policies and shall have full power to receive and to deal with such proceeds. The insurance proceeds shall be used by the Association for the repair or replacement of the property for which the insurance was carried, except as otherwise provided in this Section. b. Commercial general liability insurance covering without limitation, liability for personal injuries and activities in connection with the ownership, operation, maintenance, and other use of the Common Areas. The Board shall use its business judgment in deciding upon per occurrence limits for such coverage and shall consider any applicable secondary mortgage guidelines relating to such coverage. The liability insurance shall name, as separately protected insureds, Declarant, any property manager, the Association, the Board, the officers of the Association, the ARC, and their respective representatives, members, agents, and employees with respect to any liability arising out of the maintenance or use of the Common Areas. c. Workers' compensation insurance and employers' liability insurance, if and to the extent required by law. d. Directors' and officers' liability coverage. e. Commercial crime insurance, including fidelity insurance covering all persons responsible for handling Association funds in an amount determined in the Board's business judgment but not less than an amount equal to one-quarter of the annual Base Assessments on all Lots plus reserves on hand. Fidelity insurance policies shall contain a waiver of all defenses based upon the exclusion of persons serving without compensation. f. Such additional insurance as the Board, in its business judgment determines advisable. 7.1.2 Premiums for all insurance shall be Common Expenses unless the Board reasonably determines that other treatment of the premiums is more appropriate. The Association shall include such premiums in the assessments it levies. The Board shall review the limits of all Association insurance policies at least once a year and shall adjust the policy limits as the Board deems necessary or appropriate. 7.1.3 The Association shall arrange for a periodic review of the sufficiency of its insurance coverage by one or more qualified persons, at least one of whom must be familiar with replacement costs in the Randolph County area. All Association policies shall provide for 23 a certificate of insurance to be furnished to the Association and, upon request, to each Member insured. 7.1.4 The policies may provide for a reasonable deductible. In the event of an insured loss, the deductible shall be treated as a Common Expense in the same manner as the premiums for the applicable insurance coverage. However, if the Board reasonably determines, after notice and an opportunity to be heard in accordance with the Bylaws, that the loss is the result of the negligence or willful misconduct of one or more Owners, their guests, invitees, or lessees, then the Board may assess the full amount of such deductible against such Owner(s) and their Lots as a Specific Assessment pursuant to Section IX below. 7.1.5 All insurance coverage obtained by the Board shall: a. be written with a company authorized to do business in North Carolina which satisfies the requirements of the Federal National Mortgage Association, or such other secondary mortgage market agencies or federal agencies as the Board deems appropriate and carries a Best rating of AA or better; b. be written in the name of the Association as trustee for the benefited parties. (policies on the Common Areas shall be for the benefit of the Association and its Members); c. not be brought into contribution with insurance purchased by Owners, Occupants, or their Mortgagees individually; d. contain an inflation guard endorsement; e. include an agreed amount endorsement, if the policy contains a coinsurance clause; f. provide that each Owner is an insured person under the policy with respect to liability arising out of such Owner's membership in the Association or interest in the Common Areas as a Member in the Association (provided, this provision shall not be construed as giving any Owner any interest in the Common Areas other than that of a Member); g. include an endorsement precluding cancellation, invalidation, suspension or non-renewal by the insurer conditioning recovery on account of an act or omission of any one or more Owners, or on account of any curable defect or violation without prior written demand to the Association to cure the defect or violation and allowance of a reasonable time to cure; and h. include an endorsement precluding the insurer from denying a claim by an Owner or conditioning recovery under the policy based upon or due to the negligent acts or omissions of the Association or any other Owner. 7.1.6 In addition, the Board shall use reasonable efforts to secure insurance policies which list the Owners (as a class) as additional insureds for claims arising in connection with the ownership, existence, use or management of the Common Areas and provide: 24 a. a waiver of subrogation as to any claims against the Association's board of directors, officers, employees and its manager, or the Owners and their tenants, servants, agents and guests; b. a waiver of the insurer's rights to repair and reconstruct instead of paying cash; and c. an endorsement requiring at least 30 days' prior written notice to the Association of any cancellation, substantial modification or non-renewal 7.2 . 7.2.1 Each Owner of a Lot shall be responsible for obtaining and maintaining at all extent not insured by policies of the Association or the extent insurable losses result in the at all times insurance covering consequential damages to any other Lot or the Common Areas due to damage to any other Lot or Common Areas. Additionally, each Owner of a Lot may, at their option, obtain insurance at their own expense to cover their personal liability, and to provide such other coverage as they may desire 7.2.2 contain waivers of subrogation and of any reduction of pro rata liability of the insurer as a result of any insurance carried by the Association or of any invalidity arising from any acts of the Association or any other Owners; and (iii) shall provide that such policies may not be canceled or substantially modified without at least thirty (30) days prior written notice to the Association. covering their Lot and personal property with the Board within ten (10) days after receiving such request. Such Owner shall promptly notify the Association in writing in the event such policy is canceled. 7.2.3 No Owner shall do or keep anything on his/her Lot or on the Common Areas which shall cause an increase in the premiums for or the cancellation of any insurance maintained by the Association. 7.2.4 In the event that the Association is terminated pursuant to Section 17.2 herein, or in the event that the Association otherwise defaults under its maintenance responsibilities for the Stormwater Control Facilities, each Owner shall be jointly and severally responsible for maintenance of the Stormwater Control Facilities, including payment of any unpaid ad valorem taxes, public assessments for improvements, and unsafe building and public abatement liens charged against the Stormwater Control Facilities and Lots benefitted by those Stormwater Control Facilities, and including all interest charges thereon, together with the costs and expenses of collection incurred by themselves (or other collecting agent), including court costs 25 all other Owners whose portions of the Property are served by the same Stormwater Control Facilities for payment of such costs and expenses to the extent that the Owner having such right s portion of the Property served by the Stormwater Control Facilities by the total acreage of the portion of the Property served by the same Stormwater Control Facilities when no maintenance assessments apply to the Property. Article VIII Repair and Reconstruction The Association shall have the authority and the duty to repair or reconstruct Common Areas or other property which the Association is obligated to insure ("Insured Property") that is damaged or destroyed unless such repair or reconstruction would be illegal under any state or local ordinance governing health or safety, or Members representing at least eighty percent (80%) percent of the total vote of the Association vote not to repair or reconstruct. Except as otherwise provided in this Section, the Board shall diligently pursue to completion the repair or reconstruction of that part of the Insured Property damaged or destroyed. The Association may take all necessary or appropriate action to affect such repair or reconstruction. Such repair or reconstruction shall be in accordance with the original plans and specifications unless other plans are approved by the Board. The proceeds of any insurance collected shall be available to the Association for the purpose of repair or reconstruction of Insured Property. If the proceeds of insurance are insufficient to pay the estimated or actual cost of such repair or reconstruction, then the Board, pursuant to Section IX may levy in advance a Special Assessment sufficient to provide funds to pay such estimated or actual costs of repair or reconstruction. Such assessment shall be allocated and collected as provided in Article IX. Further levies may be made in like manner if the amounts collected prove insufficient to complete the repair or reconstruction. The insurance proceeds held by the Association and the amounts of any such Special Assessments shall constitute a fund for the payment for costs of repair or reconstruction after casualty. If a balance exists after payment of all costs of such repair or reconstruction, such balance shall be distributed to the Owners of the Lots in proportion to the contributions made by each Owner to the Association. If a decision is made not to restore the damaged improvements and no alternative improvements are authorized, the Association shall clear the affected property of all debris and ruins and thereafter shall maintain such improvements in a neat and attractive, landscaped condition consistent with the Community-Wide Standard. The cost of removal and landscaping shall be paid for with insurance proceeds. The Association shall retain the remaining proceeds in its general or other funds or shall allocate or distribute such funds as the Board determines appropriate, provided any such distribution of insurance proceeds shall be proportionate to the Members' interests. 26 Article IX Assessments and Association Finances 9.1 Purpose of Assessments. The assessments provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the Owners of Lots, including, without limitation, the maintenance of real and personal property, all as may be more specifically authorized from time to time by the Board of Directors. Furthermore, the Association shall be required to maintain an adequate reserve fund for the periodic maintenance, repair, and replacement of the Stormwater Control Facilities out of the assessment levied. The maintenance of the Stormwater Control Facilities shall be a Common Expense of the Association. 9.2 Creation of the Lien and Personal Obligation for Assessments. Each Owner of a Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association any and all assessments levied by the Association hereunder (including, without limitation, Base Assessments, Special Assessments, Specific Assessments, and Neighborhood Assessments) and any other charges established pursuant to the terms of this Declaration, including, but not limited to, reasonable fines as may be imposed in accordance with the terms of this Declaration and the Bylaws. In addition to the foregoing, the Board may charge each Owner a service, collection, consulting or administration fee (an "Administrative Fee") in an amount to be determined by the Board from time to time in connection with the assessment and collection of the assessments provided for in this Declaration. The Administrative Fee shall include charges for services of the management company and any charges for credit reporting. Each such assessment, together with late charges (in an amount determined by the Board from time to time, but not to exceed the greater of Twenty and No/100 Dollars ($20.00) per month or ten percent (10%) of any assessment installment unpaid or such higher amount as may be permitted by the Act), interest (at a rate not to exceed the lesser of the maximum rate permitted by law or eighteen percent (18%) per annum or such other amount as may be permitted by the Planned Community Act), costs of collection, reasonable attorney's fees actually incurred and any Administrative Fee, shall be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due. Each Owner shall be personally liable for his or her portion of each assessment coming due while he or she is the Owner of a Lot and his or her successor-in-title shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance; provided, further, however, the liability of a grantee for the unpaid assessments of the grantor shall not apply to any First Mortgagee or other purchaser taking title through foreclosure proceedings or deed in lieu of foreclosure. No Owner may waive or otherwise be exempt from liability for the assessments provided for herein, including, by way of illustration, but not limitation, abandonment of the Lot or non- use of the Common Property. No diminution or abatement of any assessment shall be claimed or allowed by reason of any failure of the Association to take some action or perform some function required to be taken or performed by the Association, or for inconvenience or discomfort arising from the making of repairs or improvements which are the responsibility of the Association, or 27 from any action taken by the Association to comply with any law, ordinance or directive of any governmental or municipal authority, the obligation to pay assessments being a separate and independent covenant on the part of each Owner. All payments shall be applied first to costs, then to late charges, then to interest and then to delinquent assessments. Assessments shall be paid at a uniform rate per Lot in such manner and on such dates as may be fixed by the Board of Directors, which may include, without limitation, acceleration, upon ten (10) days' written notice, of assessments for delinquents; provided however, (a) notwithstanding any provision in this Declaration to the contrary, assessments to pay a judgment against the Association may be made only against the Lots in the Community at the time the judgment was entered; and (b) if any common expense is caused by the negligence or misconduct of any Owner or Occupant, the Association may assess the expenses exclusively All sums assessed against any Lot pursuant to this Declaration, together with late charges (in an amount determined by the Board from time to time, but not to exceed the greater of Twenty and No/100 Dollars ($20.00) per month or ten percent (10%) of any installment unpaid or such higher amount as may be permitted by the Planned Community Act), interest on the principal amount due (at a rate not to exceed the lesser of the maximum rate permitted by law or eighteen percent (18%) per annum or such higher amount as provided in the Planned Community Act), costs of collection, reasonable attorney's fees actually incurred and any Administrative Fee when remaining unpaid for thirty (30) days or longer, shall be secured by a lien on such Lot in favor of the Association when the Association files a claim of lien in the Randolph County, North Carolina clerk of court in the manner provided by law, if filing of such lien is required by law, otherwise such lien shall automatically attach. Such lien shall be superior to all other liens and encumbrances on such Lot, except for (i) liens and encumbrances recorded before the docketing of the claim of lien, and (ii) liens for real estate taxes and other governmental All persons acquiring a lien or encumbrance on any Lot after this Declaration has been recorded in the Randolph County, North Carolina land records shall be deemed to consent that such lien or encumbrance shall be inferior to future liens for assessments, as provided herein, whether or not prior consent is specifically set forth in the instruments creating such lien or encumbrance. 9.3 Budgeting and Allocating Common Expenses. Until the Association first levies assessments, Declarant shall be responsible for all Common Expenses. Thereafter, assessments for Common Expenses shall be levied at least annually in accordance with this Article. At least Sixty (60) days before the beginning of each fiscal year, the Board shall prepare and approve a budget of the estimated Common Expenses for the coming year. The budget shall include any contributions to be made to a reserve fund for repair and replacement of capital 28 assets, based on a separate reserve budget which takes into account the number and nature of replaceable assets, the expected life of each asset and each asset's expected repair or replacement cost. The budget shall reflect the sources and estimated amounts of funds to cover such expenses, which may include any surplus to be applied from prior years, any income expected from sources other than assessments levied against the Lots and the amount to be generated through the levy of Base Assessments and Special Assessments against the Lots, as authorized in Article IX. After the Declarant Control Period terminates, the annual Base Assessments shall not be increased by an amount greater than twenty (20%) percent of the annual Base Assessment of the immediately preceding calendar year. The Association is hereby authorized to levy Base Assessments equally against all Lots subject to assessment to fund the Common Expenses. In determining the Base Assessment rate per Lot, the Board may consider any assessment income expected to be generated from any additional Lots reasonably anticipated to become subject to assessment during the fiscal year. Base Assessments include any sums the Board determines necessary for the continued ownership, operation and maintenance of the Common Property, operating expenses of the Association, payment for any items of betterment and the establishment of reserve funds as the Board shall deem proper. Base Assessments may include, without limitation, sums for property taxes, insurance premiums, legal and accounting fees, management fees, charges for utilities and other services provided by the Association, if any, cleaning and janitor services, landscape maintenance, costs and expenses associated with the operation and maintenance of the storm water drainage facilities and storm water detention/retention pond(s) in the Community, and expenses and liabilities incurred as provided herein and in the Articles of Incorporation and Bylaws for indemnification of officers and directors and in connection with the enforcement of rights and duties of the Association against Owners and others. Declarant may, but shall not be obligated to, reduce the Base Assessment for any fiscal year by paying any deficit between the Common Expenses and Association funds collected pursuant to the current year's budget, or any portion of any such deficit (in addition to any amounts paid by Declarant under Section 9.7), which may be a contribution, an advance against future assessments due from Declarant or a loan, in Declarant's discretion. Any such deficit payment shall be disclosed as a line item in the income portion of the budget. Payment of such deficit, or portion thereof, in any year shall not obligate Declarant to continue payment of such deficit in future years, unless otherwise provided in a written agreement between the Association and Declarant. 9.4 Special Assessments. In addition to other authorized assessments, the Association may levy Special Assessments to cover unbudgeted expenses or expenses in excess of those budgeted. Any such Special Assessment may be levied against the entire membership. Except as otherwise specifically provided in this Declaration, any Special Assessment shall require the affirmative vote or written consent of a majority of the Board and the consent of Declarant during the Declarant Control Period. Special 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 the Special Assessment is approved. 29 9.5 Specific Assessments. The Board shall have the power to levy specific assessments as, in its discretion, it shall deem appropriate. Failure of the Board to exercise its authority under this Section shall not be grounds for any action against the Association and shall not constitute a waiver of the Board's right to exercise its authority under this Section in the future with respect to any expenses, including an expense for which the Board has not previously exercised its authority under this Section. Fines levied pursuant to this Declaration, the capital contribution described below, and the costs of maintenance performed by the Association for which the Owner is responsible shall be specific assessments. The Board of Directors may also specifically assess Owners for Association expenses as follows: (a) expenses of the Association which are incurred to cover the costs, including overhead and administrative costs, of providing services to Lots upon request of an Owner pursuant to any menu of special services which the Association may offer; (b) expenses of the Association which are incurred to cover costs incurred in bringing the Lot into compliance with the Governing Documents, or costs incurred as a consequence of the conduct of the Owner or Occupants of the Lot, their agents, contractors, employees, licensees, invitees, or guests; and (c) expenses of the Association which are incurred as a result of the conduct of a particular Owner or Occupant or the guests, tenants, invitees or licensees of such Owner or Occupant may be assessed against the Lot of such Owner or Occupant. 9.6 Authority to Assess Owners; Time of Payment. Declarant hereby establishes and the Association is hereby authorized to levy assessments as provided for in this Article and elsewhere in the Governing Documents. The obligation to pay assessments shall commence as to each Lot on the date that the Lot is first occupied for residential purposes. A Lot shall be deemed to be occupied for residential purposes when it has been improved with a dwelling for which a certificate of occupancy has been issued and has been conveyed to an Owner who intends to occupy the dwelling, or, if the dwelling is occupied as a residence before such conveyance, the date of such occupancy. Any Lot which has been approved by Declarant for use as a model home for marketing and sales purposes shall not be deemed to be occupied for residential purposes and shall not be subject to assessments under this Declaration whether owned by Declarant or any other person, so long as such Lot is approved for use as a model home and is not occupied for residential purposes. The first annual Base Assessment levied on each Lot shall be adjusted according to the number of months remaining in the fiscal year at the time assessments commence on the Lot. Assessments shall be paid in such manner and on such dates as the Board may establish. The Board may require advance payment of assessments at closing of the transfer of title to a Lot and impose special requirements for Owners with a history of delinquent payment. If the Board so elects, assessments may be paid in two or more installments. Unless the Board provides otherwise, the Base Assessment shall be due and payable in advance on the first day of each fiscal year. If any Owner is delinquent in paying any assessments or other charges levied on his Lot, the Board may require the outstanding balance on all assessments to be paid in full immediately. 9.7 Neighborhood Assessments. The Board may levy assessments against the property in a particular Neighborhood to fund actual and estimated expenses incurred by the Association for the primary benefit of property within such Neighborhood. Neighborhood assessments shall be 30 levied as specifically budgeted from time to time by the Board of Directors for expense items such as maintenance, insurance or special services. In addition, the Board shall levy a Neighborhood Assessment upon the request of the Owners holding two-thirds (2/3) of the total association vote applicable to Lots within a Neighborhood. 9.8 Subordination of Liens to Mortgages. The lien of all assessments authorized herein is hereby made subordinate to the lien of any first Mortgage if, but only if, all assessments and charges with respect to such Lot authorized herein having a due date on or prior to the date of the Mortgage as filed of record have been paid. The lien hereby subordinated is only such lien as relates to assessments and charges authorized hereunder having a due date subsequent to the date such Mortgage is filed of record and prior to the satisfaction, cancellation or foreclosure of such Mortgage or the sale or transfer of the Lot pursuant to any proceeding in lieu of foreclosure or the sale or transfer of the Lot pursuant to a sale under power contained in such Mortgage. Such subordination is merely a subordination and shall not relieve the Owner of the Lot of the personal obligation to pay all assessments coming due during such period of ownership; shall not relieve such Lot from the lien provided for herein (except to the extent a subordinated lien is extinguished as a result of such subordination as against a Mortgagee or such Mortgagee's assignee or transferee by foreclosure or by sale under power); and no sale or transfer of such Lot to the Mortgagee or to any other person pursuant to a decree of foreclosure, or pursuant to any other proceeding in lieu of foreclosure or pursuant to a sale under power, shall relieve any existing or previous Owner of such Lot of any personal obligation or relieve such Lot or the then Owner of such Lot from liability for any assessment authorized hereunder that becomes due after such sale and transfer. 9.9 Remedies of the Association. Any sums or charges (including assessments or installments thereof) assessed against any Lot pursuant to this Declaration which are not paid when due shall be delinquent. Any such sums delinquent for a period of more than ten (10) days shall incur a late charge (in an amount determined by the Board from time to time, but not to exceed the greater of Twenty and No/100 Dollars ($20.00) per month or ten percent (10%) of any installment unpaid or such higher amount as may be permitted by the Planned Community Act) and interest (at a rate not to exceed the lesser of the maximum rate permitted by law or eighteen percent (18%) per annum or such higher amount as may be permitted by the Planned Community Act). The Association shall cause a notice of delinquency to be given to any member who has not paid within ten (10) days following the due date (the "Delinquency Notice"). The Delinquency Notice shall state: (i) the outstanding balance due as of the date of the Delinquency Notice; (ii) that the member has fifteen (15) days from the mailing of the Delinquency Notice (the "Grace Period") to pay the outstanding balance without being required to pay attorneys fees and court costs; (iii) the name of and contact information for a representative of the Association whom the member can contact to discuss a payment schedule for the outstanding balance; provided however, the Association shall not be required to permit payment of the outstanding balance in installments; and (iv) that if the outstanding balance is court costs. The Delinquency Notice must be sent by first class mail to the Lot of such member sums are not paid within thirty (30) days after the due date, the Board may accelerate and declare immediately due all such sums (including annual assessments or installments thereof) 31 without any further notice being given to the delinquent Owner, and (i) to the extent permitted by applicable law, a lien, as herein provided, shall attach; and (ii) a claim of lien, as herein provided, may be filed in the Randolph County, North Carolina clerk of court in the manner provided by law. Such lien shall include, interest, all late charges from the date first due and payable, any Administrative Fee, all costs of collection, and, if the Owner has been provided with a Delinquency Notice and failed to pay the outstanding balance set forth therein within fifteen (15) days from the mailing of the Delinquency Notice, court costs and reasonable attorney's fees actually incurred, and any other amounts provided or permitted by law. Notwithstanding anything to the contrary in this Declaration, if a member does not contest the collection of the unpaid assessments and enforcement of a lien after the expiration of the Grace Period, then reasonable attorneys fees collected by the Association in connection with such debt shall not exceed One Thousand Two Hundred and No/100 dollars ($1,200.00), or such higher amount as may be permitted by the Planned Community Act, not including costs or expenses incurred; provided however, such limitation shall not apply to judicial foreclosures or to proceedings authorized under Section 116 (d) or Section 120 of Article 3 of the Planned Community Act. The collection of the unpaid assessments and enforcement of the lien shall be deemed uncontested as long as the member does not dispute, contest or raise any objection, defense, offset or counterclaim as to the amount or validity of the unpaid assessments and lien asserted or the If any sum assessed against any Lot pursuant to this Declaration remains unpaid after ninety (90) days from the due date, the Association may, as the Board shall determine, institute suit to collect such amounts and/or vote to foreclose its lien. The Association may vote to foreclose the claim of lien in like manner as a mortgage on real estate under power of sale under Article 2A of Chapter 45 of the North Carolina General Statutes or in any other manner permitted by applicable law; provided however, (i) the Association may not foreclose the lien under Article 2A of Chapter 45 of the North Carolina General Statutes if the debt securing the lien consists solely of fines imposed by the Association, interest on unpaid fines, or attorneys fees incurred by the Association solely associated with fines imposed by the Association (such lien may be enforced by judicial foreclosure as provided in Article 29A of Chapter 1 of the North Carolina General Statutes); and (ii) any lien securing a debt consisting solely of Administrative Fees may only be enforced by judicial foreclosure as provided in Article 29A of Chapter 1 of the North Carolina General Statutes. Each Owner, by acceptance of a deed or as a party to any other type of a conveyance, vests in the Association or its agents, to the extent permitted by this Declaration and applicable law, the right and power to bring all actions against him or her, personally, for the collection of such charges as a debt or to foreclose the aforesaid lien in the same manner as a mortgage on real estate under power of sale under Article 2A of Chapter 45 of the North Carolina General Statutes; or in any other manner permitted by applicable law. The lien provided for in this Article shall be in favor of the Association and shall be for the benefit of all other Owners. The Association, acting on behalf of the Owners, shall have the power to bid on the Lot at any foreclosure sale or to acquire, hold, lease, mortgage or convey the same. In addition to the foregoing, in the event that an Owner is at least thirty (30) days delinquent in the payment of any assessment or charge owed to the Association, the Association 32 may suspend the right of such Owner to vote, suspend the right of such Owner to use and enjoy the Common Property and the suspend any services or utilities which may be provided to Lots in the Community, subject to any notice requirements imposed by the institutional providers providing such services or utilities in the Community and in accordance with the notice and hearing procedure in the Bylaws. 9.10 Budget Deficits During Declarant Control. During the Declarant Control Period, Declarant may (but shall not be required to): a. Declarant may advance funds to the Association sufficient to satisfy the deficit, if any, between the Association's actual operating expenses and the sum of the Base, Special, Neighborhood, and Specific Assessments collected by the Association in any fiscal year. Such advances shall, upon request of Declarant, be evidenced by promissory notes from the Association in favor of Declarant. Declarant's failure to obtain a promissory note shall not invalidate the debt. b. Declarant may cause the Association to borrow any amount from a third party at the then prevailing rates for such a loan in the local area of the Community. Declarant, in its sole discretion, may guarantee repayment of such loan, if required by the lending institution, but no Mortgage secured by the Common Areas or any of the improvements maintained by the Association shall be given in connection with such loan. Declarant may acquire property for, or provide services to, the Association or the Common Areas. Declarant shall designate the value of the property or the services provided, and such amounts, at Declarant's request, shall be evidenced by a promissory note. Failure to obtain a promissory note shall not invalidate the obligation referred to in this Section. 9.11 Failure to Assess. The omission or failure of the Board to fix the assessment amounts or rates or to deliver or mail to 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 any shortfalls in collections may be assessed retroactively by the Association. 9.12 Statement of Account. Upon written request of any Member, Mortgagee, prospective Mortgagee or prospective purchaser of a Lot, the Association shall issue a written statement setting forth the amount of the unpaid assessments, if any, with respect to such Lot, the amount of the current periodic assessment and the date on which such assessment becomes or became due, and any credit for advanced payments or prepaid items. Such statement shall be delivered to the requesting person personally or by certified mail, first-class postage prepaid, return receipt requested. The Association may require the payment of a reasonable processing fee for issuance of such statement. 33 Such statement shall bind the Association in favor of persons who rely upon it in good faith. Provided such request is made in writing, if the request for a statement of account is not processed within fourteen (14) days of receipt of the request, all unpaid assessments that became due before the date of making such request shall be subordinate to the lien of a Mortgagee that acquires its interest after requesting such statement. 9.13 Exempt Property. The following property shall be exempt from payment of Base Assessments, Specific Assessments, Neighborhood Assessments, and Special Assessments: a. all Common Areas; b. any property dedicated to and accepted by any governmental authority or public utility; and c. any and all property owned by the Declarant. 9.14 Capitalization of Association. Upon the sale of each Lot in the Community after it has been improved with a residence for which a certificate of occupancy has been issued, a capital contribution in an amount as determined by the Board from time to time shall be collected from the purchaser at the closing of such sale for the benefit of the Association (or if not collected at the closing, shall be paid immediately on demand by the Association). This capital contribution shall be a Specific Assessments against the Lot and shall be in addition to, not in lieu of, the annual Base Assessment. The capital contribution shall not be considered an advance payment of the annual Base Assessment. The capital contribution may be established, increased or decreased in the sole and exclusive discretion of the Board. Article X Expansion of the Community 10.1. Expansion by Declarant. Until all property described in Exhibit B has been subjected to this Declaration or twenty (20) years after the recording of this Declaration, whichever is earlier, Declarant reserves the right, but not the obligation, to subject unilaterally to the provisions of this Declaration all or any portion of the real property described in Exhibit B which Declarant currently owns or to which Declarant may obtain title in the future. Declarant may transfer or assign this right to subject property to this Declaration, provided that the transferee or assignee is the developer of or owns at least a portion of the real property described in Exhibit B, and provided that the transfer or assignment is evidenced by a Recorded Document. Declarant shall subject additional property to this Declaration by recording an Annexation Declaration describing the property being subjected. Such Annexation Declaration shall not require the Members' consent but shall require the consent of the owner of such 34 property, if other than Declarant. Any such annexation shall be effective upon the recording of such Annexation Declaration unless otherwise provided therein. 10.2. Expansion by the Association. Upon termination of the Declarant Control Period, the Association may subject any real property to the provisions of this Declaration with the consent of the owner of such property, if authorized by the affirmative vote of Members representing sixty-seven percent (67%) of the total existing votes in the Association. The Association shall subject such property by recording an Annexation Declaration describing the property being subjected. Any such Annexation Declaration shall be executed by the Association and the owner of the subject property, and shall be certified by the Secretary of the Association to have been authorized by the requisite vote of the Members of the Association. 10.3. Withdrawal of Property. Declarant reserves the right to amend this Declaration so long as it has a right to annex additional real property to the Community pursuant to this Article for the purpose of removing any portion of the Community then owned by Declarant or the Association from the coverage of this Declaration, to the extent originally included in error or as a result of any changes whatsoever in the plans for the Community, provided such withdrawal is not unequivocally contrary to the overall, uniform scheme of development for the Community. Any such withdrawal shall be accomplished by filing an amendment to the Declaration executed by Declarant describing the property to be removed. Such amendment shall be executed by the Declarant and the owner(s) of the property being removed if said property is not owned by the Declarant and shall not require the vote or consent of members of the Association and shall be effective upon the filing of record in the Office of the Register of Deeds of Randolph County unless a later effective date is provided therein. Article XI Declarant Rights 11.1. Reasonable Rights To Develop. Declarant, builders approved by Declarant and/or their contractors or subcontrators may construct improvements to or within the Community including to the Lots. The completion of such construction and the sale or other disposal of the Lots is essential to the establishment and welfare of the Community. Therefore, during the Declarant Control Period, nothing in this Declaration or the other Governing Documents shall be construed to: a. prevent Declarant, approved builders, or their contractors or subcontractors from doing whatever is reasonably necessary or advisable in connection with the commencement or completion of the above-described work throughout the Community; b. prevent Declarant or its representatives from erecting, constructing, and maintaining anywhere in the Community such structures as reasonably may be 35 necessary for the conduct of its business of completing the work, establishing Kings Ranch Homeowners Association, Inc. as a residential Community and disposing of the Lots by sale, lease, or otherwise; c. prevent Declarant and/or builders approved by Declarant from maintaining such signs and conducting such activities in any part of the Community owned by Declarant and/or builders approved by Declarant as Declarant and/or builders may deem to be reasonably necessary for the sale, lease, or disposition of Lots; or d. prevent Declarant and/or builders approved by Declarant from placing and utilizing on Lots or other property which it owns one or more mobile trailers or temporary structures as sales offices or for construction activities. Nothing in this Section shall give Declarant and/or builders approved by Declarant the right to damage any Lot or other property not owned by Declarant and/or builders approved by Declarant. 11.2. Marketing and Sales Activities. During the Declarant Control Period, Declarant and builders approved by Declarant may construct, relocate, maintain and carry on upon any Lot Declarant owns, the builder owns or upon portions of the Common Areas, such facilities and activities as may be reasonably required, convenient or incidental to the construction, marketing or sale of Lots, as determined in Declarant's sole opinion. Such facilities and activities may include, without limitation, business offices, signs, model homes, and sales offices. There shall be no limit on the number or size of such facilities. Declarant and builders approved by Declarant shall have easements for access to and use of such facilities. Declarant reserves the right to remove any personal property used in connection with its activities on the Common Areas upon termination of its rights under this Section. 11.3. Construction of Improvements. During the Declarant Control Period, Declarant and its employees, agents and designees shall have a right of access and use and an easement over and upon all of the Common Areas for the purpose of making, constructing and installing such improvements to the Common Areas as it deems appropriate in its sole discretion. 11.4. Right to Approve Additional Covenants. During the Declarant Control Period, no person or entity shall record any declaration of covenants, conditions, easements and restrictions, or similar instrument affecting any portion of the Community without Declarant's prior written approval. Any instrument recorded without such consent shall be void and of no force and effect unless Declarant subsequently consents in a Recorded Document. 36 11.5. Right to Transfer or Assign Declarant Rights. Any or all of Declarant's rights or obligations set forth in this Declaration or the Bylaws may be transferred in whole or in part to other persons; however, the transfer shall not reduce an obligation or enlarge a right beyond that which Declarant has under this Declaration or the Bylaws. No such transfer or assignment shall be effective unless evidenced by a Recorded Document. The foregoing sentence shall not preclude Declarant from permitting other persons to exercise, on a one-time or limited basis, any right reserved to Declarant in this Declaration where Declarant does not intend to transfer such right in its entirety. In such case it shall not be necessary to record any written assignment unless necessary to evidence Declarant's consent to such exercise. 11.6. Exclusive Rights to Use Name of Development. During the Declarant Control Period, no person or entity shall use the name Kings Ranch Homeowners Association or any derivative of such name in any printed or promotional material without Declarant's prior written consent. However, Owners may use the name Kings Ranch Homeowners Association in printed or promotional matter where such term is used solely to specify that particular property is located within the community and the Association shall be entitled to use the words Kings Ranch Homeowners Associationin its name. 11.7. Right to Approve Changes in Community Standards. During the Declarant Control Period, no amendment to or modification of any Rules and Regulations or Architectural Guidelines shall be effective without Declarant's prior written approval. 11.8. Easement to Inspect and Right to Correct. 11.8.1. Easement. Declarant reserves for itself, the Association, and such other persons as it may designate perpetual non-exclusive easements throughout the Community to the extent reasonably necessary for the purposes of accessing, inspecting, testing, redesigning or correcting any portion of the Community including Lots and Common Areas. Declarant shall have the right to redesign or correct any part of the Community, including Lots owned by Declarant and Common Areas. 11.8.2. Right of Entry. Entry onto a Lot shall be after reasonable notice, except in an emergency. Entry into a structure on a Lot shall be only after Declarant notifies the Lot's Owner and agrees with the Owner regarding a reasonable time to enter the structures on such Lot to perform such activities. 11.8.3. Damage. Declarant shall promptly repair any damage to a Lot or the Common Areas resulting from the exercise of the easement or right of entry described in subsections 11.8.1 and 11.8.2 of this Section at its own expense. The exercise of these easements shall not 37 unreasonably interfere with the use of any Lot, and entry onto any Lot shall be made only after reasonable notice to the Owner or Occupant. 11.9 Neighborhoods. During the Declarant Control Period, Declarant, acting in its sole and absolute discretion, shall have the right, but not the obligation to establish separately developed residential Neighborhoods, recreational areas and amenity areas, or some, all or none of these, within the Community, and to designate Limited Common Area for the exclusive use of one or more, but less than all of Neighborhoods. Every Lot situated within a designated Neighborhood may be subjected to additional covenants, conditions, restrictions and additional assessments for services provided to Lots within such designated Neighborhood. Such additional covenants may be set forth in this Declaration or a Supplemental Declaration. Any Neighborhood may request that the Association provide a higher level of service than that which the Association generally provides to all Neighborhoods, or may request that the Association provide special services for the benefit of Lots in such Neighborhood. Upon the affirmative vote, of the Owners of a majority of the Lots within the Neighborhood, the Association shall provide the requested services. The cost of such services, which may include a reasonable administrative charge in such amount as the Board deems appropriate (provided, any such administrative charge shall apply at a uniform rate per Lot to all Neighborhoods receiving the same service), shall be a Neighborhood Assessment. 11.10 Appointment or Removal of Members of the Board and officers. During the Declarant Control Period, Declarant shall have the right to appoint or remove any member of the Board or officer of the Association. 11.11 Amendment to Declaration. During the Declarant Control Period, Declarant shall have the right to amend or rescind and restate this Declaration by a Recorded Document, without approval or joinder of the Association or any other Party. 11.12 Review of Design and Construction. During the Declarant Control Period, Declarant shall have the right to control the design, quality, installation and construction of improvements within the Community as provided in Article V above. Article XII Easements 12.1 Owners' Easements of Enjoyment. Except as limited by this Declaration and the Planned Community Act, every Owner shall have a right of use and enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to every Lot. Except as limited by this Declaration and the Planned Community Act, any Owner may delegate his rights of use and enjoyment of the Common Areas to the members of his family, his tenants, contract purchasers who reside on the Property, or his guests. 38 12.2 Walks, Drives, Parking Areas, and Utilities. All areas of the Community shall be subject to such easements for driveways, walkways, parking areas, water lines, sanitary sewers, storm drainage facilities and for the maintenance of and general access to all stormwater control structures, gas lines, telephone and electric power lines, television antenna lines, other utilities, ingress, egress and regress and otherwise as shall be established by the Declarant or by its predecessor in title, prior to the conveyance of the Property designated to be the Common Areas to the Association; and the Association shall have the power and authority to grant and establish further easements upon, over, under, and across the Common Areas. 12.3 Encroachments and Declarant's Easement to Correct Drainage. All Lots and the Common Areas shall be subject to easements for the encroachment of initial improvements constructed on any Lots or Common Areas to the extent that such initial improvements actually encroach, including, without limitation, such items as overhanging eaves, gutters, downspouts, exterior storage rooms, bay windows, steps and walls. For a period of twenty-five (25) years from the date of conveyance of the first Lot in a parcel or section, the Declarant reserves a blanket easement and right-of-way on, over, and under the ground within that parcel, phase or section to maintain and to correct drainage or surface water in order to maintain reasonable standards of health, safety and appearance. Such rights expressly include the right to cut any trees, bushes or shrubbery, make any gradings of the soil or take any other similar action reasonably necessary. After such action has been completed, the Declarant shall restore the affected Property to its original condition to the extent practicable. Declarant shall give reasonable notice of intent to take such action to all affected owners. These rights and reservations are assignable by the Declarant. 12.4 Easement for Entry Features. There is hereby reserved to the Declarant and the Association an easement for ingress, egress, installation, construction landscaping and maintenance of entry features and similar streetscapes for the Community, over and upon each Lot and all Common Areas. The easement and right herein reserved shall include the right to cut, remove and plant trees, shrubbery, flowers and other vegetation around such entry features and the right to grade the land under and around such entry features. 12.5 Construction and Sale Period Easement. Notwithstanding any provisions contained in the Declaration, the Bylaws, the Articles of Incorporation, use restrictions, rules and regulations, property to this Declaration terminates and thereafter so long as Declarant owns any property in the Community for development or sale, Declarant reserves an easement across the Community for Declarant and any builder or developer approved by Declarant to maintain and carry on development, construction, and sales activities related to property within or near the Community, upon such portion of the Community as Declarant may reasonably deem necessary. This reserved easement shall include an easement for such facilities and activities which, in the sole opinion of Declarant, may be required, convenient or incidental to the development, construction and sales activities related to property within or near the Community. This easement shall include, without limitation: (i) the right of access, ingress and egress for vehicular and pedestrian traffic and construction activities over, under, on or in any portion of the Community as well as any Lot in the Community; (ii) the right to tie into any portion of the Community with driveways, 39 parking areas and walkways; (iii) the right to tie into or otherwise connect and use (without a tap- on or any other fee for doing so), replace, relocate, maintain and repair any device which provides utility or similar services; (iv) the right (but not the obligation) to construct recreational facilities on the Common Areas; (v) the right to carry on sales and promotional activities in the Community; (vi) the right to place direction and marketing signs on any portion of the Community, including any Lot or Common Areas; and (vii) the right to construct and operate business offices, signs, construction trailers, model residences, and sales offices incidental to the construction, development and sales activities. Further, the Declarant and any builder or developer authorized by Declarant, may use residences, offices or other buildings owned or leased by Declarant or such builder or developer as model residences and sales offices, and may also use recreational facilities available for use by the Community as a sales office or for marketing purposes without charge. Rights exercised pursuant to such reserved easement shall be exercised with a minimum of interference to the quiet enjoyment of affected property, and reasonable steps shall be taken to protect such property from damage. Any damage shall be repaired by the person causing the damage at its sole expense. This section shall not be amended terminated as provided in this Declaration. 12.6 Irrigation. There is hereby reserved to the Declarant and the Association a blanket easement to pump water from ponds, lakes and other bodies of water located within the Community for irrigation purposes. 12.7 Fence Easement. Declarant hereby reserves an easement across any Lot which borders upon or contains a portion of any water facility, detention pond, or retention pond for the purpose of access to such facility or pond, and for the purpose of erecting any fence which is either required by the subdivision development and construction plans or governmental regulation, rule, ordinance, or plan approval requirement. 12.8 Easement to Government Entities. An easement is hereby established for municipal, State or public utilities serving the area, their agents and employees, over all Common Areas hereby or hereafter established for setting, removing and reading utility meters, maintaining and replacing utility connections, and acting with other purposes consistent with the public safety and welfare, including, without limitation, garbage collection, mail delivery, police and fire protection. 12.9 Easement and Right of Entry for Repair, Maintenance and Reconstruction. If any dwelling is located closer than four (4) feet from its lot line, the Owner thereof shall have a perpetual access easement over the adjoining lot to the extent reasonably necessary to perform repair, maintenance or reconstruction of his home. Such repair, maintenance or reconstruction shall be done expeditiously and, upon completion of the work, the Owner shall restore the adjoining Lot to as near the same condition as that which existed prior to the commencement of the work as is reasonably practicable. 12.10 Pedestrian Easements. To the extent that they are not maintained by the Owners of those portions of the Properties on which they are located, the Association shall maintain all 40 Pedestrian Access Easements required to be located on any portion of the Properties pursuant to approved subdivision plan approvals and/or pursuant to plats of the Properties recorded in the register of deeds of the county in which the Property is located, and/or pursuant to written maintenance agreements with the municipal or county authorities. 12.11 Right of the Association and Declarant to Enter Upon the Common Areas. Declarant hereby reserves for the benefit of itself, its successors in interest and assigns, and grants to the Association and all agents, employees or other designees of Declarant or the Association an easement for ingress, egress and access to enter upon or over the Common Areas for the purposes of inspecting any construction, proposed construction, or improvements or fulfilling the rights, duties and responsibilities of ownership, administration, maintenance and repair of Declarant or the Association, as appropriate. Such easement includes an easement in favor of the Association and Declarant to enter upon the Common Areas now or hereafter created to use, repair, maintain and replace the same for the purposes for which they are initially designated or for such purposes as they are hereafter redesignated or as Declarant otherwise determines them to be reasonably suited. Notwithstanding the foregoing, nothing contained herein shall be interpreted as imposing any obligation upon the Association or Declarant to maintain, repair, or construct improvements which an Owner is required to maintain, construct or repair. 12.12 Right-of-Way Over Roadways. Declarant hereby reserves, for the benefit of itself, its agents, employees, lessees, invitees, designees, successors and assigns, and grants to the Association, its agents, employees, tenants, invitees, designees, successors and assigns, and to each Owner of a Lot, their family members, tenants, guests, invitees, successors and assigns, and to each Occupant of a Lot and to all governmental and quasi-governmental agencies and service entities having jurisdiction over the Property while engaged in their respective functions, a perpetual, non-exclusive easement, license, right and privilege of passage and use, both pedestrian and vehicular, over and across any roads, streets, entranceways and cul-de-sacs in the Community for the purpose of providing access, ingress and egress to and from, through and between the Property. 12.13 Utility and Drainage Easements. The Property shall be subject to all easements and rights-of-way for utilities and drainage shown on any Recorded Document. Such easements are hereby reserved for the use of Declarant, its successors and assigns, and are hereby established for the use of the Association, its successors and assigns. Additionally, Declarant hereby reserves, for the benefit of itself, its successors and assigns, and grants to the Association, its successors and assigns, a non-exclusive easement and right-of-way over, under and along all Lots within the Property for the installation and maintenance of lines, conduits, pipes and other equipment necessary for furnishing electric power, gas, telephone service, cable service, water, irrigation, sanitary sewer and drainage facilities, storm drainage and/or other utilities. Within the above-described easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation of utilities or which may change the direction or flow of drainage channels in the easements. This reservation of easement shall not prohibit the construction of driveways, at locations approved by the ARC, over such easements. 41 12.14 Maintenance of Easement Areas. Declarant shall have the right to assign and convey, in whole or in part, the easements reserved by it hereunder. The areas burdened by the easements and rights-of-way reserved by Declarant on each Lot or other portion of the Property pursuant hereto, including any improvements in such areas, which are not to be maintained by the Association or a public authority or utility, shall be maintained continuously by each Owner of such Lot or other portion of the Property, but no structures, plantings or other material shall be placed or permitted to remain upon such area or other activities undertaken thereon which may damage or interfere with the installation or maintenance of utilities or other services, or which may retard, obstruct or reverse the flow of water or which may damage or interfere with established slope ratios or create erosion problems. 12.15 Easement Reserved for the Association and Declarant. Full rights of access, ingress and egress are hereby reserved by Declarant for itself and the Association at all times over and upon any Lot or other portion of the Property for the exercise of the easement rights described in this Article XII and for the carrying out by Declarant or the Association of the rights, functions, duties and obligations of each hereunder; provided, that any such entry by Declarant or the Association upon any Lot or portion of the Property shall be made with the minimum inconvenience to the Owner of such property as is reasonably practical, and any damage caused as a result of the gross negligence of Declarant, the Association or their employees or agents shall be repaired by Declarant or the Association, as the case may be, at the expense of Declarant or the Association, as the case may be. 12.16 Additional Easements. Declarant shall have the right to grant over, under, across and upon any portion of the Property owned by Declarant, and the Board shall have the authority, in its sole discretion, to grant over, under, across and upon the Common Areas, such easements, rights-of-way, licenses and other rights in accordance with or to supplement the provisions of this Declaration or as may otherwise be desirable for the development of the Community, by the execution, without further authorization, of such grants of easement or other instruments as may from time to time be necessary or desirable. Such easements may be for the use and benefit of persons who are not Members or Owners. After such time as the members of the Board are no longer appointed by Declarant, the Board shall cooperate with Declarant and execute such grants of easements over the Common Areas as may be desirable to Declarant for the development of Article XIII Dispute Resolution and Limitation on Litigation 13.1. Consensus for Association Litigation. Except as provided in this Section, the Association shall not commence a judicial or administrative proceeding without the approval of Members representing at least sixty-seven percent (67%) of the total votes of the Association. This Section shall not apply, however, to (a) actions by the Association to enforce the Governing Documents (including, without limitation, the imposition of fines, the suspension of privileges or services or the foreclosure of liens); (b) the collection of assessments; (c) proceedings involving challenges to ad valorem taxation; or (d) 42 counterclaims brought by the 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. Prior to the Association or any Member commencing any judicial or administrative proceeding to which Declarant is a party and which arises out of an alleged defect in the Community or any improvement constructed thereon, Declarant shall have the right to meet in good faith and discuss the subject of the proceeding with the Members or the particular Member, and to access, inspect, correct the condition of or redesign any portion of the Community, including any improvement as to which a defect is alleged. In addition, the Association or the Member shall notify the builder who constructed such improvements prior to retaining any other expert witness or for other litigation purposes. 13.2 Alternative Method for Resolving Disputes. Declarant, the Association, its officers, directors and committee members, all persons subject to this Declaration, any builder within the Community, and any person not otherwise agree to encourage the amicable resolution of disputes involving the Community without the emotional and financial costs of litigation. Accordingly, each Bound Party covenants and agrees to use good faith efforts to resolve those claims, grievances, or disputes described in Section 13.3 using the procedures set forth in Section 13.4 hereof. 13.3. Claims. Unless specifically exempted below, all Claims arising out of or relating to the interpretation, application, or enforcement of the Governing Documents, or the rights, obligations, and duties of any Bound Party under the Governing Documents or relating to the design or construction of improvements in the Community (other than matters of aesthetic judgment under Article V, which shall not be subject to review) shall be subject to the provisions of Section 13.4. Notwithstanding the above, unless all parties thereto otherwise agree, the following shall not be Claims and shall not be subject to the provisions of Section 13.4: a. any suit by the Declarant and/or Association against any Bound Party to enforce the provisions of this Declaration; b. any suit by the Declarant, Association or any Owner to obtain a temporary restraining order (or equivalent emergency equitable relief) and such other ancillary relief as the court may deem necessary in order to maintain the status quo and preserve th enforce the provisions of this Declaration; c. any suit between Owners, which does not include Declarant or the Association as a party, if such suit asserts a Claim which would constitute a cause of action independent of the Governing Documents; 43 d. any suit in which any indispensable party is not a Bound Party; and e. any suit as to which any applicable statute of limitations would expire within 180 days of giving the Notice required by Section 13.4.1 unless the party or parties against whom the Claim is made agree to toll the statute of limitations as to such Claim for such period as may reasonably be necessary to comply with this Article. With the consent of all parties thereto, any of the above may be submitted to the alternative dispute resolution procedures set forth in Section 13.4. 13.4. Mandatory Procedures. 13.4.1. Notice. Any Bound Party having a Claim ("Claimant") against any other Bound Party ("Respondent") (collectively, the "Parties") shall notify each Respondent in writing (the "Notice"), stating plainly and concisely: a. the nature of the Claim, including the persons involved and Respondent's role in the Claim; b. the legal basis of the Claim (i.e., the specific authority out of which the Claim arises); c. Claimant's proposed remedy; and d. that Claimant will meet with Respondent to discuss in good faith ways to resolve the Claim. 13.4.2 Negotiation and Mediation. a. The Parties shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation. If requested in writing, accompanied by a copy of the Notice, the Board may appoint a representative to assist the Parties in negotiation. b. If the Parties do not resolve the Claim within Thirty (30) days of the date of the Notice (or within such other period as may be agreed upon by the Parties) ("Termination of Negotiations"), Claimant shall have Thirty (30) additional days to submit the Claim to mediation under an independent agency providing dispute resolution services in Randolph County or surrounding areas. c. If Claimant does not submit the Claim to mediation within such time, or does not appear for the mediation, Claimant shall be deemed to have waived the Claim, and Respondent shall be released and discharged from any and all liability to Claimant on account of such Claim; however, nothing herein shall release or discharge Respondent from any liability to any person other than the Claimant. 44 d. Any settlement of the Claim through mediation shall be documented in writing by the mediator and signed by the Parties. If the Parties do not settle the Claim within Thirty (30) days after submission of the matter to the mediation, or within such time as determined by the mediator, the mediator shall issue a notice of termination of the mediation proceedings ("Termination of Mediation"). The Termination of Mediation notice shall set forth that the Parties are at an impasse and the date that mediation was terminated. e. Within five (5) days of the Termination of Mediation, the Claimant shall make a final written demand ("Settlement Demand") to the Respondent, and the Respondent shall make a final written settlement offer ("Settlement Offer") to the Claimant. If the Claimant fails to make a Settlement Demand, Claimants' original Notice shall constitute the Settlement Demand. If the Respondent fails to make a Settlement Offer, Respondent shall be deemed to have made a "zero" or "take nothing" Settlement Offer. 13.4.3 Final and Binding Arbitration. a. If the Parties do not agree in writing to a settlement of the Claim within fifteen (15) days of the Termination of Mediation, the Claimant shall have fifteen (15) additional days to submit the Claim to arbitration in accordance with the rules of arbitration promulgated or observed by the agency providing the arbitrator. If not timely submitted to arbitration or if the Claimant fails to appear for the arbitration proceeding, the Claim shall be deemed abandoned, and Respondent shall be released and discharged from any and all liability to Claimant arising out of such Claim; however, nothing herein shall release or discharge Respondent from any liability to parties other than Claimant. b. This subsection 13.4.3(b) is an agreement to arbitrate and is specifically enforceable under any applicable arbitration laws of the State of North Carolina. The arbitration award ("Award") shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction to the fullest extent permitted under the laws of North Carolina. 13.5 Allocation of Costs of Resolving Claims. 13.5.1 Subject to Section 13.5.2, each Party shall bear its own costs, including attorneys' fees, and each Party shall share equally all charges rendered by the mediator(s) and all filing fees and costs of conducting the arbitration proceeding ("Post Mediation Costs"). 13.5.2 Any Award that is equal to or more favorable to Claimant than Claimant's Settlement Demand shall add Claimant's Post Mediation Costs, including reasonable attorney fees, to the Award, such costs to be borne equally by all Respondents. Any Award that is equal to or less favorable to Claimant than any Respondents' Settlement Offer shall award such 45 13.6 Enforcement of Resolution. If the Parties agree to a resolution of any Claim through negotiation or mediation in accordance with Section 13.4 and any Party thereafter fails to abide by the terms of such agreement, or if any Party fails to comply with an Award, then any other Party may file suit or initiate administrative proceedings to enforce such agreement without the need to again comply with the procedures set forth in Section 13.4. In such event, the Party taking action to enforce the agreement shall be entitled to recover from the non-complying Party (or if more than one non- complying Party, from all such Parties pro rata) all costs incurred in enforcing such agreement, including, without limitation, attorneys' fees and court costs. Article XIV Mortgagee Provisions The following provisions are for the benefit of holders, insurers, and guarantors of First Mortgages on Lots in the Community. 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 a written request to the 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 a. any condemnation loss or any casualty loss which affects a material portion of the Community 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 or such Eligible Holder, where such delinquency has continued for a period of sixty (60) days, or any other violation of the Governing Documents relating to such Lot or the Owner or Occupant which is not cured within sixty (60) days of receiving notice of such violation; c. any lapse, cancellation or material modification of any insurance policy the Association maintains; or d. any proposed action which would require the consent of a specified percentage of Eligible Holders. 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 any Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Areas. 46 14.3 Notice to Association. Upon request, each Owner shall be obligated to furnish to the Association the name and address of the 14.4 Failure of Mortgagee To Respond. Any Mortgagee who receives a written request from the Board to respond to or consent to any action shall be deemed to have approved such action if the Association does not receive a written response from the Mortgagee within thirty (30) days of the date of the Association's request, provided such request is delivered to the Mortgagee by certified or registered mail, return receipt requested. 14.5 Construction of Article XIV. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under this Declaration, the Bylaws, or the Planned Community Act for any of the acts set out in this Article. Article XV Changes in Common Areas 15.1. Condemnation. If a Lot or portion thereof shall be taken by eminent domain, compensation and the Owner's interests in the Common Areas shall be appropriately allocated among all other Owners. If any part of the Common Areas shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on the written direction of Members representing at least sixty-seven percent (67%) of the total votes in the Association) by any authority having the power of condemnation or eminent domain, each Owner shall be entitled to written notice of such taking or conveyance prior to disbursement of any condemnation award or proceeds from such conveyance. Such award or proceeds shall be payable to the Association to be disbursed as follows: a. If the taking or conveyance involves a portion of the Common Areas on which improvements have been constructed, the Association shall restore or replace such improvements on the remaining Common Areas to the extent available, unless within sixty (60) days after such taking Declarant, during the Declarant Control Period, and Members representing at least eighty percent (80%) of the total votes in the Association shall otherwise agree. Any such construction shall be in accordance with plans approved by the Board. The provisions of Article VIII regarding funds for restoring improvements shall apply. b. If the taking or conveyance does not involve any improvements on the Common Areas, if a decision is made not to repair or restore, or if net funds remain after any such restoration or replacement is complete, then such award or net funds shall be disbursed to the Association and used for such purposes as the Board shall determine. 47 15.2. Transfer, Partition, or Encumbrance of Common Areas. a. Except as this Declaration otherwise specifically provides, the Common Areas shall not be judicially partitioned or subdivided into Lots, nor shall the ownership of the Common Areas be otherwise divided or encumbered in any manner after conveyance to the Association, except upon the approval of Members representing at least eighty percent (80%) of the total votes in the Association, including a majority of the votes held by Members other than Declarant, and the consent of Declarant if during the Declarant Control Period. b. The Association shall have the authority, subject to approval of Members representing a majority of the total votes in the Association, including a majority of the votes held by Members other than Declarant, and the consent of Declarant, if during the Declarant Control Period, to transfer portions of the Common Areas and improvements thereon to appropriate governmental entities or tax-exempt organizations for the maintenance, operation, and preservation thereof; provided, any such transfer shall not relieve such Common Areas from the rights and benefits of the Association and the Members as provided in this Declaration and shall otherwise be subject to the provisions of this Declaration. Article XVI Fines and Suspension of Privileges or Services Notwithstanding any other provision herein, the Board may impose fines on an Owner Owner, his lessees, agents or invitees, to abide by this Declaration, the Rules and Regulations or the administrative rules and regulations governing Common Areas. The procedure for the Board to do so shall be as set forth in the Bylaws. The Board shall not impose any such fine or suspension unless and until the Owner charged has been given notice of the charge, opportunity Suspensions may be imposed for a reasonable period of time and/or until a violation or delinquency is cured. Article XVII Miscellaneous 17.1 Parties Bound. All persons and entities acquiring any interest in any of the Lots, including but not limited to lessees, shall be bound by the provisions of this Declaration. All guests and invitees of such persons and entities, and any other occupants of any of the Lots, shall likewise be bound. 17.2 Duration. The provisions of this Declaration shall run with and bind the Property perpetually, unless and until the Community is terminated pursuant to N.C.G.S. Section 47F-2- 118. 17.3 Amendment. Except as provided in Section 11.11 above, this Declaration may be amended only by a written instrument executed by the Association and authorized by the affirmative vote of at least sixty-seven percent (67%) of all Lots, cast in person or by proxy at a meeting held in accordance with the Bylaws of the Association. Any amendment must be 48 recorded to be effective. Notwithstanding anything contained herein to the contrary, any amendment serving to revise Section 7.2.4 herein shall not be valid unless reviewed and approved in writing by the governmental entity having jurisdiction over the Stormwater Control Facilities. 17.4 Enforcement. Subject to the provisions of Article XIII above, the Declarant, any Owner and/or the Association shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants and obligations imposed by this Declaration. Subject to the provisions of Article XIII above, the Declarant, the Association or any Lot owner may bring any action necessary to enjoin any violation or breach of the provisions of this Declaration. The Declarant, the Association and/or any Owner shall be entitled to recover reasonable attorney's fees incurred in bringing and prosecuting such action from the breaching or violating Owner(s). 17.5 Failure to Enforce Not a Waiver. The failure to enforce any right, reservation, covenant or restriction contained in this Declaration, however long continued, shall not be deemed a waiver of the right to do so thereafter. 17.6 Assignment by Declarant. Any or all of the rights, powers, easements, functions and obligations reserved or given to the Declarant in this Declaration may be assigned to the Association, and the Association shall accept and assume responsibility for any or all such rights, powers, easements, functions and obligations when requested by the Declarant. Any such assignments or transfer shall be made by a Recorded Document, executed by both the Declarant and the Association, and the Association shall thereupon have the same rights and powers and be subject to the same obligations and duties as are herein given to and assumed by the Declarant. The Declarant, but not the Association, shall thereupon be released from such obligations and duties. 17.7 Notice of Sale, Lease or Acquisition. In the event an Owner sells or leases such such sales or lease, the name of the purchaser or lessee of the Lot and such other information as the Association may reasonably require. Upon acquisition of a Lot, each new Owner shall give the Association, in writing, the name and mailing address of the Owner and such other information as the board may reasonably require. 17.8 Variances. Notwithstanding anything to the contrary contained herein, the Declarant and/or the Association or its designee shall be authorized to grant individual variances from any of the provisions of this Declaration, the Bylaws and any rule, regulation or use restriction promulgated pursuant thereto if the Declarant or the Association determine that waiver of application or enforcement of the provision in a particular case would not be inconsistent with the overall scheme of development for the Community. 17.9 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 49 17.10 Captions. The captions herein are inserted only as a matter of convenience and for reference, and shall not be construed to define, limit or describe the scope of any provision of this Declaration. 17.11 Law Controlling. This Declaration shall be construed and governed pursuant to the laws of North Carolina. 17.12 References to Statutes. All references herein to any statutory provision shall be construed to include and apply to any subsequent amendments to or replacements of such provision. 17.13 Assessments for Public Improvements/Ad Valorum Taxes. Pursuant to Section 9.3 above, the Association is authorized to levy Base Assessments against Owners for the payment of any assessments for public improvements or taxes that may be assessed against the Association or the Common Areas. In the event that the Association defaults in the payment to the jurisdiction entitled thereto of any assessments for public improvements or ad valorem taxes levied against the Common Areas, and in the event that said default shall continue for a period of six (6) months, each Owner shall become personally obliged to pay to the jurisdiction a pro-rated portion of the taxes or assessments in an amount determined by dividing the total taxes and/or assessments due to the jurisdiction by the total number of Lots in the Association. If the sum is not paid by the Owner within thirty (30) days following receipt of notice of the amount due, the sum shall become a continuing lien on the property of the Owner, his heirs, devisees, personal representatives, and assigns. The taxing or assessing jurisdiction may either bring an action at law against the Owner personally obliged to pay the same, or may elect to foreclose the lien against the property of the Owner. \[The Remainder of this Page Intentionally Left Blank.\] 50 IN WITNESS WHEREOF, Providence Church 170, LLC, as the Declarant hereunder, has caused this instrument to be executed as of the day and year first above written. PROVIDENCE CHURCH 170, LLC. a North Carolina limited liability company, Declarant By:__________________________ Name:________________________ Its:__________________________ STATE OF _______________________________ COUNTY OF ____________________________________ I, ____________________________, a Notary Public of the County and State aforesaid, certify that ____________________________personally appeared before me this day and acknowledged that s/he is ____________________________of Providence Church 170, LLC a North Carolina limited liability company, and that s/he, being duly authorized to do so, executed the foregoing for and on behalf of said company. Witness my hand and official stamp or seal, this _____ day of _______________, 2020. NOTARY SEAL _____________________________ Signature of Notary Public My Commission Expires:______________ 51 EXHIBIT A Land Initially Submitted 52 EXHIBIT B Land Subject to Annexation in Future Any land within one mile of the Property described in Exhibit A of this Declaration. 53 EXHIBIT C Initial Rules and Regulations The following restrictions shall apply to all of the Community until such time as they are amended, modified, repealed, or limited pursuant to Article IV of the Declaration: 1. General. The Community shall be used only for residential, recreational, and related purposes (which may include, without limitation, an information center and/or a sales office for Declarant to assist in the sale of any property or portion thereof as described in Exhibit A or B, offices for any property manager retained by the Association, and business offices for Declarant or the Association) consistent with this Declaration and any Supplemental Declaration. 2. Restricted Activities. The following activities are prohibited within the Community unless expressly authorized by, and then subject to such conditions as the Board may impose: (a) Parking any vehicles on streets or thoroughfares within the Community or parking of commercial vehicles or equipment, mobile homes, recreational vehicles, golf carts, boats and other watercraft, trailers, stored vehicles, or inoperable vehicles in places other than enclosed garages; however, construction, service, and delivery vehicles shall be exempt from this provision during daylight hours for such period of time as is reasonably necessary to provide service or to make a delivery to a Lot or the Common Areas. For the purposes of these Rules and company or corporation or any vehicle that is required to be licensed as a commercial vehicle by the North Carolina Division of Motor Vehicles; (b) Raising, breeding or keeping animals, livestock or poultry of any kind, except that a reasonable number of dogs, cats (the combined number of dogs and cats not to exceed three) or other usual and common household pets may be permitted on a Lot. Any animal which, makes objectionable noise or, constitutes a nuisance or inconvenience to the Occupants of other Lots, shall be removed by the owner upon the Board's request. If the pet owner fails to honor such request, the Board may remove the pet. Rottweilers, pit bulls, chows and other aggressive breeds of dogs shall not be allowed within the Community. Dogs shall be kept on a leash or otherwise confined in a manner acceptable to the Board whenever outside the dwelling. Owners shall clean up behind any pet while walking such pet on any Common Property. Pets shall be registered, licensed, and inoculated as required by any applicable state, municipal or local law, ordinance, rule or regulation; (c) Any activity that emits foul or obnoxious odors outside the Lot or creates noise or other conditions, which tend to disturb the peace or threaten the safety of the Occupants of other Lots; (d) Any activity that violates local, state, or federal laws or regulations; provided, the Board shall have no obligation to take enforcement action in the event of a violation; (e) Pursuit of hobbies or other activities which tend to cause an unclean, unhealthy, or untidy condition to exist outside of enclosed structures on the Lot; 54 (f) Any noxious or offensive activity (including, without limitation, barking dogs) which in the reasonable determination of the Board tends to cause embarrassment, discomfort, annoyance, or nuisance to persons using the Common Areas or to the Occupants of other Lots; (g) Outside burning of trash, leaves, debris, or other materials, except during the normal course of constructing a dwelling on a Lot; (h) Use or discharge of any radio, loudspeaker, horn, whistle, bell, or other sound device so as to be audible to Occupants of other Lots, except alarm devices used exclusively for security purposes; (i) Use and discharge of firecrackers and other fireworks; (j) Dumping grass clippings, leaves, or other debris, petroleum products, fertilizers, or other potentially hazardous or toxic substances in any drainage ditch, stream, pond, or lake, or elsewhere within the Community, except that fertilizers may be applied to landscaping on Lots provided care is taken to minimize runoff, and Declarant and builders may dump and bury rocks and trees removed from a building site on such building site; (k) Accumulation of rubbish, trash, or garbage except between regular garbage pick ups, and then only in approved containers. Such containers shall be either screened from view or kept inside, except as reasonably necessary for garbage pick ups; (l) Obstruction or rechanneling drainage flows after location and installation of drainage swales, storm sewers, or storm drains, except that Declarant and the Association shall have such right; provided, the exercise of such right shall not materially diminish the value of or unreasonably interfere with the use of any Lot without the Owner's consent; (m) Subdivision of a Lot into two or more Lots, or changing the boundary lines of any Lot after a subdivision plat including such Lot has been approved and recorded, except that Declarant shall be permitted to subdivide or replat Lots it owns; (n) Swimming, boating, use of personal flotation devices, or other active use of lakes, ponds, streams, or other bodies of water within the Community. The Association shall not be responsible for any loss, damage, or injury to any person or property arising out of the authorized or unauthorized use of lakes, ponds, streams, or other bodies of water within or adjacent to the Community; (o) Use of any Lot for operation of a timesharing, fraction-sharing, or similar program whereby the right to exclusive use of the Lot rotates among participants in the program on a fixed or floating time schedule over a period of years, except that Declarant and its assigns may operate such a program; (p) Discharge of firearms; provided, the Board shall have no obligation to take action to prevent or stop such discharge; 55 (q) On-site storage of gasoline, heating, or other fuels, except that a reasonable amount of fuel may be stored on each Lot for emergency purposes and operation of lawn mowers, gas grills, and similar tools or equipment, and the Association shall be permitted to store fuel for operation of maintenance vehicles, generators, and similar equipment; (r) Any business, trade, or similar activity, except that an Owner or Occupant residing in a Lot may conduct business activities within the Lot 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 Lot; (ii) the business activity conforms to all zoning requirements for the Community; (iii) the business activity does not involve door-to-door solicitation of residents of the Community; (iv) the business activity does not, in the Board's judgment, generate a level of vehicular or pedestrian traffic or a number of vehicles being parked within the Community which is noticeably greater than that which is typical of Lots in which no business activity is being conducted; and (v) the business activity is consistent with the residential character of the Community and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents within the Community, as may be determined in the Board's sole discretion. The terms "business" and "trade," as used in this provision, 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 persons other than the provider's family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether: (i) such activity is engaged in full or part-time, (ii) such activity is intended to or does generate a profit, or (iii) a license is required. Leasing of a Lot shall not be considered a business or trade within the meaning of this subsection. This subsection shall not apply to any activity conducted by Declarant or a builder approved by Declarant with respect to its development and sale of the Community or its use of any Lots which it owns within the Community; (s) Capturing, trapping, or killing of wildlife within the Community, except in circumstances posing an imminent threat to the safety of persons using the Community; (t) Any activities which materially disturb or destroy the vegetation, wildlife, wetlands, or air quality within the Community; (u) Conversion of any carport or garage to finished space for use as an apartment or other integral part of the living area on any Lot without prior approval pursuant to Article V; (v) Operation of motorized vehicles on pathways or trails maintained by the Association; (w) Any construction, erection, placement, or modification of any thing, permanently or temporarily, on the outside portions of the Lot, whether such portion is improved or unimproved, except in strict compliance with the provisions of Article V of the Declaration. This shall include, without limitation, landscaped or grassed areas; signs; basketball hoops, swing sets, and similar sports and play equipment; clotheslines; garbage cans; woodpiles; and hedges, walls, 56 dog runs, animal pens, or fences of any kind. Under no circumstances shall the ARC approve the replacement of all or a majority of the grassed area of a Lot with mulch or stone; (x) All light bulbs or other lights installed in any fixture located on the exterior of any dwelling, building or other structure located on any Lot shall be clear or white lights or bulbs. No mercury vapor or similar wide area lighting similar to street lights shall be allowed without prior Architectural Control Committee approval. This provision shall not apply to holiday lights illuminated on a temporary basis in celebration of a particular holiday. Furthermore, if a holiday display creates a significantly increased traffic flow within the Community, the Lot's Owner or Occupant responsible for such display shall remove it upon request of the Board and if the Owner or Occupant does not remove such display within a reasonable time, the Board may remove the display. Holiday displays shall be limited to thirty (30) days prior to the commencement of the holiday and must be removed within fifteen (15) days following the conclusion of the holiday; and (y) Hanging of sheets, towels, clothes or laundry in windows or anywhere on a Lot so as to be visible from any roadway or any other Lot. 3. Prohibited Conditions. The following shall be prohibited within the Community: (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 Community; (b) Structures, equipment, or other items on the exterior portions of a Lot which have become rusty, dilapidated, or otherwise fallen into disrepair; (c) Installation of any sprinkler or irrigation systems or wells of any type, other than those initially installed by Declarant or a Declarant approved builder, which draw upon water from lakes, creeks, streams, rivers, ponds, wetlands, canals, or other ground or surface waters within the Community, except that Declarant and the Association shall have the right to draw water from such sources; (d) Satellite dishes, antennas, and similar devices for the transmission of television, radio, satellite, or other signals of any kind, except that Declarant and the 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 Community; and (i) satellite dishes designed to receive direct broadcast satellite service which are one meter or less in diameter; (ii) 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) antennas designed to receive television broadcast signals ((i), (ii), and (iii), collectively, "Permitted Devices") shall be permitted; however, any such Permitted Device must be placed in the least conspicuous location on the Lot (generally being the rear yard) at which an acceptable quality signal can be received and is not visible from the street, Common Areas, or neighboring property or is screened from the view of adjacent Lots in a manner consistent with the Community-Wide Standard and the Architectural Guidelines; and (e) Installation of exterior decorative items, including but not limited to statuary, fountains or wishing balls, but not including flags, political signs, and/or permitted exterior decorative lights. 57 4. Leasing of Lots. "Leasing," for purposes of this Paragraph, is defined as regular, exclusive occupancy of a Lot by any person, other than the Owner for which the Owner receives any consideration or benefit, including, but not limited to, a fee, service, gratuity, or emolument. All leases shall be in writing. The Board may require a minimum lease term; however, in no case shall such term be shorter than six (6) months. No owner shall lease any Lot without first providing all lessees with copies of the Governing Documents. Each lease shall require all lessees to acknowledge receipt of copies of all of the Governing Documents and to comply with and adhere to all of the Governing Documents. A true copy of each executed lease, together with such additional information as may be required by the Board, shall be given to the Board by the Lot Owner within ten (10) days of execution of the lease. This Section 4 shall not apply with respect to any Lot subject to a mortgage which is insured or guaranteed by the Federal Housing Administration or the Veterans Administration, or where the provisions of this Section 4 are otherwise prohibited by law. 58 DEVELOPMENT IMPACT ANALYSIS County of Randolph, North Carolina Department of Planning & Development 204 E Academy Street, Asheboro, NC 27203 (336) 318-6555 Development policies outlined in the Randolph County Growth Management Planare specifically designed to encourage long term planning among property owners, developers and County government. The Development Impact Analysis is a key component of this Plan and its use will increase public awareness of the relationship of growth, rural environmental impacts and the capacity of local government to provide adequate public facilities based on future land use demands. P RELIMINARY P LAT N AME Plat name and section: Kings Ranch A PPLICANT I NFORMATION Owner of Record:Developer: Name:Richard Lee PettyName:Diamondback Investment Group, LLC Address:514 Providence Church RdAddress:6909 International Dr, #100 City, ST ZIP:Randleman, NC 27317City, ST ZIP:Greensboro, NC 27409 E-mail:E-mail:bhorne@digllc.com Phone:336 314-1262Phone:336 500-8668 Representative:Engineer/Surveyor: Name:Amanda HodierneName:Timmons Group Address:804 Green Valley Rd Suite 200Address:5410 Trinity Road, #102 City, ST ZIP:Greensboro, NC 27408City, ST ZIP:Raleigh, NC 27607 E-mail:amanda@isaacsonsheridan.comE-mail:jim.chandler@timmons.com Phone:336 609-5137Phone:919 866-4507 P ROPERTY D ESCRIPTION Parcel:See attached listAcreage:518.88acres Growth Management Area:Secondary Growth AreaTownship:Level Cross Fire District:Level CrossExisting Zoning:RA Existing conditions: W ATERWAY D ESCRIPTION Does the site contain any streams or rivers?YesStream name:Polecat Creek Does the site contain any flood zone area?YesApproximate acreage:19.08acres Does the site lie within a watershed?YesWatershed: Polecat Creek Does the site contain wetlands?YesType:Freshwater pond Other comments: Page 1of 610/8/2020Development Impact Analysis P ROJECT D ESCRIPTION (If appropriate, attach a letter outlining in detail, the scope of the request.) Plat name and section:Kings Ranch Subdivision type: Site builtRequested zoning:CVOE-CD Total acreage of development: 518.88acres Total number of building lots:211 Minimum housing size:sq. ft. Total acreage of proposed open space (if applicable): 186.06acres Total road frontage of proposed development:797.25ft. Average frontage of lots: 175.30ft. Width of lot with smallest amount of road frontage: 44.00ft. Width of lot with greatest amount of road frontage: 1467.00ft. Is the 1:4 ratio maintained for Rural Growth Areas?N/A Property is currently being used as: ResidentialCommercial IndustrialFarming Leased huntingVacant Other Features unique to this property: RavinesHills MountainsRights-of-way EasementsCemeteries Other U TILITIES I MPACT Water source: Individual well Sewer source:Septic system Electrical source:Underground (If the electrical service cannot be underground, the developer must provide a letter From the utility provider stating reasons why utilities cannot be underground.) The distance, location and provider of the nearest public water and sewer source. Service typeDistanceLocationProvider Public water0.0 mileAdams WayCity of Randleman Public sewer0.0 mileAdams WayCity of Randleman Page 2of 610/8/2020Development Impact Analysis P UBLIC E DUCATION I MPACT (Provided by Board of Education) School system:Randolph County Schools Grade Current School impactedDPI CapacityImpact levelmembership Level Cross ElementaryK-573146046 Northeast Randolph Middle6-873251826 Providence Grove High9-12154470119 Current mobile classrooms present: SchoolNumber of mobile classrooms Level Cross Elementary Northeast Randolph Middle Providence Grove High Current traffic assessment: SchoolTraffic assessment Level Cross ElementaryGood Northeast Randolph MiddleCongested Providence Grove HighCongested School construction plans: SchoolConstruction plans Level Cross Elementaryn/a Northeast Randolph Middlen/a Providence Grove Highn/a T RAFFIC A NALYSIS I MPACT (Provided by NCDOT) Road(s) directly accessed by development Road nameSpeed limitAverage daily traffic count US Hwy 220 Bus N45mph2,800 Providence Church Rd55 mph3,100 Condition of the road accessed by the development: US Hwy 220 Bus N: Good Providence Church Rd: Fair Characteristics of road(s) directly accessed by development: PavedCurves GraveledBlind spot(s) Single laneIntersection(s) Bridge(s)Hill(s) The proposed development with 211lots will generate an additional 1,266total vehicle trips per day. Page 3of 610/8/2020Development Impact Analysis Is the ADTcount greater than 4,000 which would require a turning lane?No H OUSING AND C OMMUNITY I MPACTS (Within One mile of proposal) Housing patterns in subdivisions: SubdivisionTypeNumber of lotsAverage acreage Bobby BooneMobile home210.65 Bristol Ridge ForestMobile home550.66 Cedar LaneSite built11.18 Cedar LaneSite built23.20 Cedar LaneSite built52.17 Cedar RunSite built402.07 Clodfelter PropertySite built43.34 CobleSite built115.90 Cox FarmMobile home66.42 Cox PropertyMobile home53.50 Donald OsborneSite built31.67 Donald & Virginia OsborneSite built23.04 Donald L OsborneSite built141.45 H Wade YatesSite built77.34 Highfill EstatesBoth21.68 James & Gail Stoutn/a40.31 James Highfilln/a39.12 John P Walden EstateSite built411.07 Korol-OsterhoudtSite built32.97 Mallard WoodsSite built390.55 Michael and Angela PeelerSite built23.43 Nannie Vickory EstateSite built131.83 Nathron PeelerSite built134.46 Noah Millikann/a13.92 North Randleman HeightsMobile home650.86 Oak Forest EstateMobile home190.56 Oak Ridge EstateSite built181.45 PetersCreek EstateSite built20.76 Providence AcresSite built111.02 Quaker Hills NorthSite built41.62 Randleman HeightsSite built180.95 Randolph AcresMobile home920.66 RidgeviewSite built10.37 RiveroaksSite built261.60 Salem RidgeSite built520.52 Shaw & YoungSite built78.44 Toomes EstateSite built22.52 Toomes EstateSite built21.29 Toomes WoodsMobile home470.95 Vickory EstateSite built36.09 William OliverSite built20.65 Page 4of 610/8/2020Development Impact Analysis SubdivisionTypeNumber of lotsAverage acreage William R WellsMobile home51.22 Woodfield AcresSite built2031.86 WoodstreamSite built291.50 Total number of site built homes ......................................................................................................727 Average square footage of site built homes ...................................................................1,774.28sq. ft. Largest site built home by square footage .....................................................................7,006.00sq. ft. Smallest site built home by square footage.......................................................................384.00sq. ft. Total number of mobile homes .........................................................................................................168 Percentage of site built homes ..................................................................................................81.23% Percentage of mobile homes ....................................................................................................18.77% Total number of acres ....................................................................................................5,637.64acres Average acreage ...................................................................................................................4.11acres Total acreage in tax-deferred farms ....................................................................................26.35acres Community Land Uses CommercialFarming ForestryIndustrial ResidentialChurch facilities Other: Special Community Districts Airport Overlay DistrictCluster Subdivision Overlay District E-1DistrictsRural Lot Subdivision Overlay District Rural Business Overlay DistrictIndustrial Overlay District Scenic Corridor Overlay DistrictCommercial Environmental Overlay District Voluntary Agricultural DistrictConventional Subdivision Overlay District Unique Rural Land Uses in the Community HLPC Landmark/Cultural Heritage SiteNational Historic Landmark National ForestNatural Heritage Designated Sites Trailway as part of the County Greenway PlanYouth Camp(s) A GRICULTURAL I MPACT (Within One mile of proposal) Adjoining farm properties: Page 5of 610/8/2020Development Impact Analysis Robert McDonnell Gray(7767248754) Are all well minimum setbacklines noted on plat?N/A Tax-deferred farm properties Property ownerParcel IDLocation Robert McDonnell Gray7767248754R220; W Farm operations that begin afterthe development of a major residential subdivision must abide by the 100 ft. waste setback rule on the farm property. O THER M ATERIALS S UBMITTED Buffer site plan Land Clearing Debris Plan Open Space Uses and maintenance agreements, if applicable Proposed deed restrictions Soil analysis Soil erosion plan, storm water management plan, etc. Other: Page 6of 610/8/2020Development Impact Analysis F.nbjmgpsxbsefeupQmboojohCpbseNfncfstpoEfdfncfs4-3131/ Best, A MANDA P.H ODIERNE, Esq., AICP ISAACSON SHERIDAN 804 Green Valley Road, Suite 200 Greensboro, NC 27408 336.609.5137 (direct) 336.275.7626 (main) 336.273.7293 (fax) amanda@isaacsonsheridan.com Download vCard Wire Fraud Notice: Due to the increase in wire fraud, any party wiring funds to this law firm should confirm all wiring instructions, regardless of the manner in which they were received, by calling an independently-verified phone number with our office before transferring funds. Confidentiality Note: The information transmitted in this email message (including any accompanying attachments) is intended to be confidential and privileged. If the recipient of this message is not the intended recipient or received the message in error, you are hereby notified that any retention, dissemination, disclosure, distribution or copy of this message is strictly prohibited. In that event, please contact the sender immediately and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Draft Attachment Disclaimer: If a draft document is attached to this email, please note that in an effort to expedite the document review process, the attached is being forwarded to you without prior review by others who must review it. Accordingly, the attached is expressly subject to further modification. For the protection of all parties, the preparation, revision or delivery of the attached for examination and discussion shall in no event be deemed to be an offer or an obligation, but shall be merely part of the negotiations among the parties. No party shall have any obligation or liability to another whatsoever at law or in equity (including without limitation, any claims for detrimental reliance, partial performance, good faith, promissory estoppel or any similar or dissimilar claims) unless and until such time as all parties shall have executed and delivered a final agreement. This paragraph supersedes all other conflicting understandings or agreements which have not been reduced to writing and executed and delivered by the parties, and any language set forth in the attached. MOTION TO APPROVE A CONDITIONAL DISTRICT REZONING NORTH CAROLINARANDOLPH COUNTY PLANNING BOARD “I make the motion toAPPROVEthis rezoning request to rezone the specified parcel(s) onthe rezoning applicationto the requested zoning district based upon the Determination of Consistencyand Findings of Reasonableness and Public Interest statementsthat areincluded in the Planning Board agenda,submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s)with any and all agreed upon revisions, also incorporated into the motionand that the request is also consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .”and continue reading the rest of the motion. MOTION TO DENY A CONDITIONAL DISTRICT REZONING NORTH CAROLINARANDOLPH COUNTY PLANNING BOARD “I make the motion to DENYthis rezoning request to rezone the specified parcel(s) on the rezoning applicationto the requested zoning districtbased upon the Determination of Consistency and Findingsof Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed upon revisions, also incorporated into the motionand that the request is notconsistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY DIAMONBACK INVESTMENT GROUP, LLC REZONING REQUEST #2020-00003086 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD Pursuant to North Carolina General Statutes § 153A-341 and 342, the Randolph County Planning Board finds that the proposed zoning district map amendments to CVOE-CD Conventional Subdivision Overlay Exclusive Conditional District as described in the application of Diamondback Investment Group, LLC, are consistent with the Randolph County Unified Development Ordinance and the 2009 Randolph County Growth Management Plan and are reasonable and in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the southeast area shows the parcel to be rezoned in an area designated as Secondary Growth Area. Secondary Growth Areas generally are predominately residential in nature and provide areas for transitional land use patterns. B. Consistency with Growth Policies in the Growth Management Plan Policy 6.4 Innovative and flexible land planning techniques should be supported as a means of encouraging development configurations which are more desirable and which may better safeguard existing natural land and water resources. Consistency Analysis: The request is consistent with the Randolph County Growth Management Plan in that the request is using land planning techniques that work to preserve the existing forested land, water resources and provide protection to surrounding land uses. Policy 6.5 The protection of viable rural neighborhoods should be encouraged by compatible residential development to insure the continued existence as a major housing source and as a reflection of the long-term quality of life in Randolph County. Consistency Analysis: This request is consistent with the Randolph County Growth Management Plan in that it recognizes the surrounding rural land uses and subdivisions and attempts to continue the existing land uses. The request also reflects the existing land uses and it need for a continued housing source. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. _______________________________ _______________________________ Randolph County Planning Director Chair, Randolph County Planning Board _______________________________ _______________________________ Clerk to Planning Board Date