STANDARD STORMWATER FACILITIES MAINTENANCE AND MONITORING AGREEMENT
THIS AGREEMENT, made and entered into this ______ day of ________________, 20 _____, by and between ___________________________,(hereinafter the "Landowner"), and ___________________________, ___________________________ County; Pennsylvania, (hereinafter "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 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 ___________________________ Solebury Township Stormwater Management Ordinance 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 intending to be legally bound:
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 grants permission to the Municipality, his authorized agents and employees, upon presentation of proper identification, to enter upon the Property at reasonable times, such as following a storm of the intensity for which the facility was designed to control, and to inspect the stormwater management facilities whenever the Municipality deems necessary. The purpose of the inspection is to ensure 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 5 years after the construction of the stormwater facilities,
Once every 2 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. Expenses incurred by the Township and charged to the landowner shall be itemized. A copy of the itemized costs will be provided by the Township to the landowner. Landowner shall reimburse the Municipality upon demand, within thirty (30) days of receipt of the itemized invoice thereof, for all costs incurred by the Municipality here under. If not paid within said thirty (30) day period, Municipality may enter a lien against the property, in the amount of such costs, or may proceed to recover its costs through proceedings in the equity or at law as authorized under provisions of the Second Class Township Code.
5. The owner shall convey to the municipality easements and/or rights-of-way to ensure access for periodic inspections by the Municipality and maintenance, if required. This Agreement shall act as an easement to provide Municipality access for facility inspections and maintenance, to preserve stormwater runoff conveyance, infiltration and detention areas, and facilities including flood routes for the 100-year storm event, the purpose of said easement being to provide access to Municipality and/or its agents and employees to perform the necessary inspections required by the Solebury Township Stormwater Management Ordinance, as amended and as required by this Agreement and to provide Municipality access to the stormwater management facilities including, but not limited to, BMPs to allow Municipality to act, in general, pursuant to this Agreement and specifically Paragraph 6 below.
6. In the event the Landowner, his successors and assigns, fails 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 drainage plan.
8. 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 on account of the Landowner's or its successors' and assigns' failure to perform such work, the Landowner, his successors and assigns, shall reimburse the Municipality upon demand, within 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 his costs through proceedings in equity or at law as authorized under the provisions of the Second Class 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 that might arise or be asserted against the Municipality for the construction, presence, existence or maintenance of the stormwater management facilities by the Landowner and his successors and assigns.
10. In the event a claim is asserted against the Municipality, its agents, or employees, the Municipality shall promptly notify the Landowner and 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, his agents or employees shall be allowed, the Landowner and his successors and assigns shall pay all costs and expenses in connection therewith.
11. In the advent 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 days of the activity. The Landowner shall reimburse the Municipality for its costs.
This Agreement shall be recorded among the land records of Bucks 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 interests, in perpetuity.
ATTEST:
WITNESS the following signatures and seals:
(SEAL) For the Municipality:
(SEAL) For the Landowner:
ATTEST:
___________________________
County of Bucks, 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)
