UPI:
Street Address:
Dover Township
SWMP No:
STORMWATER OPERATION AND MAINTENANCE AND ACCESS AGREEMENT
THIS AGREEMENT is made and entered into this day of , 20 , by and between with an address at , its/his/her successors, heirs, personal representatives and assigns, including specifically any future lot owner (“Landowner”), and Dover Township, a Township of the Second Class, with municipal offices at 2480 West Canal Road, Dover Township, York County; Pennsylvania, (“Township”).
WITNESSETH
WHEREAS, the Landowner is the owner of real property located in Dover Township, York County, known as with a UPI No. (the “Property”).
ALTERNATE 1 (to be used with a SALDO plan):
[WHEREAS, the Landowner is proceeding to build and develop the Property; and
WHEREAS, the Subdivision/Land Development Plan (“Subdivision Plan”) for the [Name of Subdivision] which is expressly made a part hereof, as approved or to be approved by the Township and recorded in part with the land records of York County, Pennsylvania, provides for the management of stormwater within the confines of the Property pursuant to a SWM Site Plan (the “SWM Site Plan”); and]
ALTERNATE 2 (to be used when there is no SALDO plan):
[WHEREAS, the Landowner is proceeding to build on and/or further develop impervious surface on the Property; and
WHEREAS, the SWM Site Plan (the “SWM Site Plan”) which is expressly made a part hereof, as approved or to be approved by the Township, provides for the management of stormwater within the confines of the Property; and]
WHEREAS, the SWM Site Plan includes a SWM Operation and Maintenance Plan approved by the Township (the “O&M Plan”) for the Property, [PICK ONE: which is attached hereto as Appendix A and made a part hereof - OR - which is on file at the Township offices and made a part hereof] provides for the establishment, operation and maintenance of SWM facilities and BMPs; and
WHEREAS, the Township and the Landowner agree that the health, safety and welfare of the residents of the Township and the protection and maintenance of water quality require that SWM facilities and BMPs be established, constructed and maintained on the Property; and
WHEREAS, the Township requires, through the implementation of the Township’s Stormwater Management Ordinance, Ordinance No. 2011-06, as amended (the “Stormwater Ordinance”), that SWM facilities and BMPs as required by the SWM Site Plan and the Stormwater Ordinance be established, constructed and adequately operated and maintained by the Landowner in accordance with the O&M Plan.
NOW, THEREFORE, in consideration of the foregoing promises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:
Section 1. Unless otherwise defined in this Agreement, the terms used herein shall have the meaning given to them in the Stormwater Ordinance, as amended.
Section 2. The Landowner shall establish and/or construct the SWM facilities and BMPs in accordance with the terms, conditions and specifications identified in the SWM Site Plan. Except when expressly allowed by the Stormwater Ordinance, the Landowner shall not alter, modify, replace, relocate or in any way interfere with any SWM facilities or BMPs without the prior written permission of the Township.
Section 3. The Landowner shall adequately maintain the SWM facilities and BMPs shown on the SWM Site Plan in good working order in accordance with the specific O&M requirements set forth in the O&M Plan. This includes all swales, pipes, channels built to convey and control stormwater, as well as all SWM BMP structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate O&M is defined as good working condition, acceptable to the Township, so those facilities are performing their design functions and not having any adverse effects either on water quality or on adjoining or nearby roads, structures or properties. Adequate O&M will not be demonstrated merely by strict compliance with the SWM Site Plan or O&M Plan where the SWM Site Plan and O&M Plan are inadequate for stormwater management in the field.
Section 4. A. The Landowner hereby grants to the Township an easement over, along, and through the Property for the periodic inspections by the Township and repair of the SWM facilities and BMPs, if necessary. The Landowner, with prior notice to and approval by the Township, may choose and periodically modify the easement location so long as the Landowner at all times maintains or provides an unobstructed means for access to and emergency maintenance of the SWM facilities and BMPs. The Township shall not be liable for restoration of the Property in the event of emergency maintenance or for any damages due to failure of the Landowner to provide unobstructed access to the SWM facilities and BMPs. Whenever possible, the Township shall notify the Landowner prior to entering the Property.
B. The Township reserves the right to inspect the SWM facilities and BMPs annually for the first five (5) years and every three (3) years thereafter to ensure continued functioning. The Township may inspect the SWM facilities and BMPs at more or less frequent intervals, and at other times as set out in the Stormwater Ordinance, as amended from time to time.
C. If inspections are conducted by the Township, the Township shall give the Landowner, if requested, copies of the inspection report with findings and evaluations. All reasonable costs for inspections of SWM facilities and BMPs shall be borne by the Landowner and payable to the Township.
Section 5. In the event the Landowner fails to maintain the SWM facilities and/or BMPs in accordance with Section 3 after thirty (30) days written notice to do so (unless in the case of an emergency), the Township or its representatives may enter upon the Property and take whatever action is deemed necessary to maintain the SWM facilities and BMPs. It is expressly understood and agreed that the Township is under no obligation to maintain or repair said SWM facilities and BMPs, and in no event shall this Agreement be construed to impose any such obligation on the Township. The Landowner shall be responsible to provide the Township with a current mailing address if different than the address stated above.
Section 6. In the event the Township, pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like on account of the Landowner’s failure to perform such work, the Landowner shall reimburse the Township upon demand, within 30 days of receipt of invoice thereof, for all costs, including engineer and attorney fees, incurred by the Township hereunder. If not paid within said 30-day period, the Township may enter a municipal lien against the property in the amount of such costs, or may proceed to recover his costs through proceedings in equity or at law as authorized under the provisions of the Municipal Claims and Tax Lien Act, 53 P.S.§ 7101 et seq.
Section 7. The Landowner hereby releases, indemnifies and holds harmless the Township, its supervisors, employees, officers, agents and representatives, from all damages, accidents, casualties, occurrences or claims which might arise or be asserted against said persons from the construction, presence, existence or maintenance of the SWM facilities and BMPs by Landowner or Township. The Township disclaims all liability for design, construction, installation or operation defects. The grant of a permit or approval of a subdivision and/or land development plan shall not constitute a representation, guarantee, or warranty of any kind or liability upon the Township, its officials, or employees. None of the conditions or covenants contained in this Agreement shall be deemed a waiver of Township’s rights or immunities granted by statute.
Section 8. Should any provision of this Agreement be interpreted to conflict with the Stormwater Ordinance, as amended or superseded, the provisions and requirements of the Stormwater Ordinance shall control interpretation. Should any provision of this Agreement be determined by a court to be unenforceable, such provision of this Agreement shall be deemed to be void; provided, however, the balance of the Agreement shall remain in full force and effect.
Section 9. This Agreement may be recorded in the land records of York County, Pennsylvania and shall constitute a covenant running with the Property and/or equitable servitude, and shall be binding on the Landowner, its/his/her successors, receivers, heirs, personal representatives and assigns, in perpetuity. Landowner will reference this Agreement and recording information in any deeds transferring or conveying the Property or any subdivided outparcels thereof.
Section 10. The laws of the Commonwealth of Pennsylvania shall govern the interpretation of this Agreement. Jurisdiction and venue shall be exclusively in the county in which the Property is located. The obligations and duties of the Landowner under this Agreement shall be specifically enforceable by the Township, and the Landowner agrees that a court shall have the specific authority to order compliance with this Agreement in the form of a preliminary injunction or other equitable relief.
Section 11. A violation or breach of this Agreement shall be deemed a violation of the Stormwater Ordinance, as amended, which shall be subject to all remedies and enforcement set forth therein. Landowner shall be responsible for all costs of enforcement (including attorney fees) of this Agreement, which costs shall be reimbursed to the Township upon demand within 30 days of the receipt of an invoice thereof. All invoiced amounts due under this Agreement for administration, maintenance, enforcement or otherwise that remain unpaid after 30 days from the date of invoice shall be assessed interest at the legal rate until paid in full.
Section 12. This Agreement may only be amended by a written amendment executed by the party against whom enforcement is sought.
IN WITNESS WHEREOF, the parties have set their hand and seals the day and year written above.
ATTEST: DOVER TOWNSHIP
Dover Township Assistant Secretary Dover Township Chairperson
ATTEST/WITNESS: [LANDOWNER]
COMMONWEALTH OF PENNSYLVANIA:
: SS
COUNTY OF YORK :
On this the day of , 20 , before me, the undersigned officer, personally appeared , who acknowledged him/herself to be the Chairperson of Dover Township Board of Supervisors, and that he/she as such Chairperson, being authorized to do so, executed the foregoing document for the purposes therein contained by signing the name of the Township by him/herself as Chairperson.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
COMMONWEALTH OF PENNSYLVANIA:
: SS
COUNTY OF YORK :
On this the day of , 20 , before me, the undersigned officer, personally appeared , , who executes this document and acknowledges he/she is authorized to do so and acknowledged that he/she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
(Ord. 2022-01, 7/25/2022)