STANDARD STORMWATER FACILITIES MAINTENANCE AND MONITORING AGREEMENT
THIS AGREEMENT, made and entered into this day of , 20 , by and between , (hereinafter the "Landowner"), and Lower Chichester Township, Delaware County, Pennsylvania, (hereinafter the "Municipality");
WITNESSETH
WHEREAS, the Landowner is the owner of certain real property as recorded by deed in the land records of County, Pennsylvania, Deed Book at Page , (hereinafter "Property").
WHEREAS, the Landowner is proceeding to build and develop the Property; and
WHEREAS, the Subdivision/Land Development Stormwater Management Plan (hereinafter "Plan") for the Subdivision which is expressly made a part hereof, as approved or to be approved by the Municipality, provides for detention or retention of stormwater within the confines of the Property; and
WHEREAS, the Municipality and the Landowner, his successors, and assigns agree that the health, safety, and welfare of the residents of the Municipality require that on-site stormwater management facilities be constructed and maintained on the Property: and
WHEREAS, the Municipality requires, through the implementation of the Stormwater Management Plan, that stormwater management facilities as shown on the Plan be constructed and adequately maintained by the Landowner, his successors, and assigns.
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:
1. The on-site stormwater management facilities shall be constructed by the Landowner, his successors, and assigns in accordance with the terms, conditions, and specifications identified in the Plan.
2. The Landowner, his successors, and assigns shall maintain the stormwater management facilities in good working condition, acceptable to the Municipality so that they are performing their design functions.
3. The Landowner, his successors, and assigns hereby grant permission to the Municipality, its authorized agents and employees, upon presentation of proper identification, to enter upon the Property at reasonable times and to inspect the stormwater management facilities whenever the Municipality deems necessary. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities, berms, outlet structures, pond areas, access roads, etc. When inspections are conducted, the Municipality shall give the Landowner, his successors, and assigns copies of the inspection report with findings and evaluations. At a minimum, maintenance inspections shall be performed in accordance with the following schedule:
• Annually for the first five (5) years after the construction of the stormwater facilities,
• Once every three (3) years thereafter, or
• During or immediately upon the cessation of a 100-year or greater precipitation event.
4. All reasonable costs for said inspections shall be borne by the Landowner and payable to the Municipality.
5. The Landowner shall convey to the Municipality easements and/or rights-of-way to assure access for periodic inspections by the Municipality and maintenance, if required.
6. In the event that the Landowner, his successors, and assigns fail to maintain the stormwater management facilities in good working condition acceptable to the Municipality, the Municipality may enter upon the Property and take such necessary and prudent action to maintain said stormwater management facilities and to charge the costs of the maintenance and/or repairs to the Landowner, his successors, and assigns. This provision shall not be construed as to allow the Municipality to erect any structure of a permanent nature on the land of the Landowner, outside of any easement belonging to the Municipality. It is expressly understood and agreed that the Municipality is under no obligation to maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the Municipality.
7. The Landowner, his successors, and assigns will perform maintenance in accordance with the maintenance schedule for the stormwater management facilities including sediment removal as outlined on the approved schedule and/or subdivision/land management plan.
8. In the event that the Municipality, 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 or his successors' and assigns' failure to perform such work, the Landowner, his successors, and assigns shall reimburse the Municipality upon demand, within thirty (30) days of receipt of invoice thereof, for all costs incurred by the Municipality hereunder. If not paid within said 30-day period, the Municipality may enter a lien against the Property in the amount of such costs, or may proceed to recover its costs through proceedings in equity or at law as authorized under the provisions of the Township Code.
9. The Landowner, his successors, and assigns shall indemnify the Municipality and its agents and employees against any and all damages, accidents, casualties, occurrences, or claims which might arise or be asserted against the Municipality for the construction, presence, existence, or maintenance of the stormwater management facilities by the Landowner, his successors, and assigns.
10. In the event that a claim is asserted against the Municipality, its agents or employees, the Municipality shall promptly notify the Landowner, his successors, and assigns, and they shall defend, at their own expense, any suit based on such claim. If any judgment or claims against the Municipality, its agents, or employees shall be allowed, the Landowner, his successors, and assigns shall pay all costs and expenses in connection therewith.
11. In the event of an emergency or the occurrence of special or unusual circumstances or situations, the Municipality may enter the Property, if the Landowner is not immediately available, without notification or identification, to inspect and perform necessary maintenance and repairs, if needed, when the health, safety, or welfare of the citizens is at jeopardy. However, the Municipality shall notify the landowner of any inspection, maintenance, or repair undertaken within five (5) days of the activity. The Landowner shall reimburse the Municipality for its costs.
This Agreement shall be recorded among the land records of Delaware County, Pennsylvania and shall constitute a covenant running with the Property and/or equitable servitude, and shall be binding on the Landowner, his administrators, executors, assigns, heirs, and any other successors in interest, in perpetuity.
ATTEST:
WITNESS the following signatures and seals:
(SEAL) For the Municipality:
(SEAL) For the Landowner:
ATTEST:
Township of Lower Chichester
County of Delaware, Pennsylvania
I, a Notary Public in and for the County and State aforesaid, whose commission expires on the day of , 20 , do hereby certify that whose name(s) is/are signed to the foregoing Agreement bearing date of the day of , 20 , has acknowledged the same before me in my said County and State.
GIVEN UNDER MY HAND THIS day of , 20 .
NOTARY PUBLIC (SEAL)
(Ord. 2004-03A. Passed 7-19-04.)