MANAGEMENT BEST MANAGEMENT PRACTICES (SWM BMPS)
THIS AGREEMENT, made and entered into this ________ day of ____________, 20___, by and between_________, (hereinafter the “landowner”), and NORTH YORK BOROUGH, York County, Pennsylvania, (hereinafter “municipality”);
WITNESSETH:
WHEREAS, the landowner is the owner of certain real property as recorded by deed in the land records of York County, Pennsylvania, as recorded in the Office of the Recorder of Deeds
of York County, Pennsylvania in Land Records/Deed Book ____, Page ____, and also being identified as UPI #_______ in the records of the York County Assessment Office, (hereinafter “property”).
WHEREAS, the landowner is proceeding to build and develop the property; and
WHEREAS, the SWM BMP Operation and Maintenance (O&M) Plan approved by the municipality (hereinafter referred to as the “O&M Plan”) for the property identified herein, which is attached hereto as Appendix A and made part hereof, as approved by the municipality, provides for management of stormwater within the confines of the property through the use of BMPs; and
WHEREAS, the municipality, and the landowner, his or her successors and assigns, agree that the health, safety and welfare of the residents of the municipality and the protection and maintenance of water quality require that on-site SWM BMPs be constructed and maintained on the property; and
WHEREAS, the municipality requires, through the implementation of the SWM Site Plan, that SWM BMPs as required by said SWM Site Plan and the Municipal Stormwater Management Ordinance be constructed and adequately operated and maintained by the landowner, successors and assigns.
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.
1. The landowner shall construct the BMPs in accordance with the plans and specifications identified in the SWM Site Plan.
2. The landowner shall operate and maintain the BMPs as shown on the SWM Plan in good working order in accordance with the specific operation and maintenance requirements noted on the approved O&M Plan.
3. The landowner hereby grants permission to the municipality, its authorized agents and employees, to enter upon the property, at reasonable times and upon presentation of proper credentials, to inspect the BMPs whenever necessary. Whenever possible, the municipality shall notify the landowner prior to entering the property.
4. In the event the landowner fails to operate and maintain the BMPs per division 2. above, the municipality or its representatives may enter upon the property and take whatever action is deemed necessary to maintain said BMP(s). 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.
5. In the event 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, the landowner shall reimburse the municipality for all expenses (direct and indirect) incurred within ten days of receipt of invoice from the municipality. Expenses shall include, but not be limited to, any and all legal, engineering or other professional expenses incurred in the furtherance of this agreement or in enforcement of this agreement.
6. The intent and purpose of this agreement is to ensure the proper maintenance of the on- site BMPs by the landowner; provided, however, that this agreement shall not be deemed to create or effect any additional liability of any party for damage alleged to result from or be caused by stormwater run-off.
7. The landowner, its executors, administrators, assigns and other successors in interests, shall release the municipality from all damages, accidents, casualties, occurrences or claims which might arise or be asserted against said employees and representatives from the construction, presence, existence or maintenance of the BMP(s) by the landowner or municipality.
8. The municipality may inspect the BMPs at a minimum of once a year for the first five years of this agreement, and every three years to ensure their continued functioning. Optionally, at its sole discretion, the municipality may inspect the BMPs at more or less frequent intervals.
9. To the extent the ownership of the SWM BMPs will be transferred to a homeowners’ association or similar entity, this agreement shall transfer to such new owners, and shall be binding on all of the lots in the subdivision to which this agreement inures, pursuant to § 53.082 of the North York Borough Stormwater Management Ordinance.
10. Landowner further agrees that all deeds for lots to which this agreement inures shall include a reference to the SWM Site Plan, all easements (per § 53.081 of this chapter), and all operation and maintenance agreements (per § 53.082 of the North York Borough Stormwater Management Ordinance), including at a minimum the place, book and page where each is recorded, on each deed.
11. This agreement shall be recorded at the Office of the Recorder of Deeds of York County, Pennsylvania, and shall constitute a covenant running with the property and/or equitable servitude, and shall be binding on the landowner, his or her administrators, executors, assigns, heirs, and any other successors in interests, in perpetuity.
WITNESS the following signatures and seals:
ATTEST: NORTH YORK BOROUGH COUNCIL
___________________ By:____________________________
, Secretary ,President (SEAL)
WITNESS:
___________________ ____________________________(SEAL)
Landowner
____________________________
[Print Name]
___________________ ____________________________(SEAL)
Landowner
____________________________
[Print Name]
Landowner
___________________ ____________________________
[Print Name]
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF YORK )
On this the _______ day of _______, 20____, before me, the undersigned officer, personally appeared _____________, President of North York Borough Council, who executed this document and acknowledged and that as President he or she is authorized to do so, and acknowledged that he or she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
____________________________
Notary Public
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF YORK )
On this the _______ day of _______, 20____, before me, the undersigned officer, personally appeared _____________, known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
____________________________
Notary Public
(Ord. 2013-2, passed 10-7-2013)