Appendix D. STORM WATER MANAGEMENT/BMP FACILITIES COVENANT

City of Woodstock, Georgia

Public Works/Utilities

THIS Covenant made and entered into this ____________ day of ____________ , 20 ____________ , by and between (Insert Full Name of Owner) ____________ hereinafter called the "Landowner", and City of Woodstock, Georgia hereinafter called the "City."

WHEREAS, the Landowner is the owner of certain real property described as (City of Woodstock Tax Map/Parcel Identification Number) ____________ as recorded by deed in the land records of Cherokee County, Georgia at Deed Book ____________ Page ____________ , hereinafter called the "Property," and

WHEREAS the Landowner is proceeding to, or has, made improvements on the Property; and

WHEREAS, the Site Plan/Subdivision Plan known as ____________ (Name of Plan/Development) hereinafter called the "Plan," which is expressly incorporated herein by reference, as approved, or to be approved, by the City, provides for detention of storm water within the confines of the Property; and

WHEREAS, the City requires that onsite storm water management/BMP facilities as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, including any homeowners association;

WHEREAS, Chapter Seven of the Georgia Storm Water Management Manual (First Edition, August 2001) addresses issues relating to the operation and/or maintenance of storm water systems; and

WHEREAS, the Landowner, its successors and assigns, understands that the execution and adherence to the provisions of this Covenant is a condition precedent to the City's permitting, and/or approving the final plant for the Property and subdivision located thereon;

NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants the parties hereby agree as follows:

1.

The on-site storm water management/BMP facilities shall be constructed, operated, and maintained by the landowner, its successors and assigns, in accordance with the plans and specifications identified in the Plan, as well as in accordance with State and Federal law, the Georgia Storm Water Management Manual, and any and all applicable City ordinances.

2.

The Landowner, its successors and assigns, including any homeowners association, shall adequately maintain the storm water facilities and improvements on the Property. Adequate Maintenance required by this Covenant shall include, but is not limited to, scheduled and corrective maintenance of all facilities and improvements intended to manage and/or control storm water on the Property, with such facilities and improvements to expressly include, but not be limited to pipes, channels structures, vegetation, berms, outlet structures, pond areas, access roads, or any other improvement relating to storm water on the Property, but excluding any such improvements located on, under, or within any publicly owned rights of way (the "Storm Water Facilities and Improvements"). Adequate maintenance is herein defined as keeping such Storm Water Facilities and Improvements in good working condition such that they satisfactorily perform their intended design functions.

3.

The Landowner, its successors and assigns, shall inspect the Storm Water Facilities and Improvements and submit an inspection report to the City on an annual basis. The purpose of the inspection is to assure safe and proper functioning of the Storm Water Facilities and Improvements located on the Property. Each annual inspection shall include a full and complete inspection of all Storm Water Facilities and Improvements located on the Property. Any and all deficiencies identified during such inspections shall be noted in the inspection report submitted to the City. The inspection report shall also include a detailed plan for any and all repairs to the Storm Water Facilities and Improvements necessary to correct any deficiencies identified during the inspection, with the repair plan to be prepared by a professional engineer, or some other duly qualified professional, licensed in the State of Georgia.

4.

The Landower, its successors and assigns, hereby grants permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Storm Water Facilities and Improvements as deemed necessary by the City for purposes of protecting the public health, safety or welfare, for purposes of investigating or inspecting any reported or suspected deficiencies in the Storm Water Facilities and Improvements on the Property, for purposes of responding to or investigating citizens' complaints relating to the management or control of storm water on the Property, or for any other purpose deemed necessary by the City. The City shall provide the Landowner, its successors and assigns, with a copy of any inspection findings, as well as a directive to commence with any required repairs. To the extent that the City does not agree with or to the contemplated repairs proposed by the Landowner, The City may submit an alternate repair plan to the Landowner.

5.

In the event the Landowner, it successors and assigns, fails to maintain the Storm Water Facilities and Improvements on the Property in good working condition acceptable to the City, or fails to make repairs as specified in the inspection report within a reasonable time frame as established by the City, with such time frame not to be shorter than thirty (30) days, the City may enter upon the Property and take and all action necessary to correct deficiencies identified in the inspection report. The Landowner, its successors and assigns, shall be responsible for any and all fees and expenses incurred by the City in taking such corrective action. This provision shall not be construed to allow the City to erect any structure of a permanent nature on the land of the Landowner outside the easement for the storm water management/BMP facilities. It is expressly understood and agreed that this Covenant imposes no obligation or responsibility on the City to routinely maintain or repair any Storm Water Facilities and Improvements located on the property.

6.

The Landowner, its successors and assigns, will perform all work necessary to keep the Storm Water Facilities and Improvements in good working condition as required by the Approved Plan, as well as by State and Federal law, the Georgia Storm Water Management Manual, and any and all applicable City ordinances.

7.

In the event that the City performs or undertakes work of any kind pursuant to this Covenant or expends any funds or resources in performance of said work for labor, use of equipment, supplies, material, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt of same.

8.

This Covenant shall impose no liability on the City with respect to the maintenance or repair of any Storm Water Facilities and Improvements on the Property, nor does the City assume any obligation or duty to undertake or perform any action allowed for, or permitted by, this Covenant. The Landowner, its successors and assigns, further agrees to I indemnify and hold the City harmless from any liability arising out of the management, operation, maintenance, or failure of any Storm Water Facilities and Improvements subject to this Covenant.

9.

Notwithstanding any right extended to the City pursuant to this Covenant, it is expressly recognized and acknowledged that the City retains all prosecutorial rights and remedies available to it, including the enforcement of any and all applicable City ordinances, against the Landowner, its successors and assigns, relating to the operation, maintenance, and/or repair of Storm Water Facilities and Improvements located on the Property.

10.

This Covenant shall be recorded among the lands records of Cherokee County, Georgia, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns heirs and any other successors in interests, including any homeowners association.

WITNESS the following signatures and seals

	_____ Company/Corporation/Partnership Name	(Seal)
By:	_____ (Signature)
	_____ (Type/Print Name)
	_____ (Type/Print Title)
STATE OF _____
COUNTY OF _____
The foregoing Instrument was acknowledged before me this
____________ day of ____________ , 20 ____________ , by
_____ UNOFFICIAL WITNESS
_____ NOTARY PUBLIC		(Seal)
My Commission Expires _____

 

Attachment A
Responsible Person

The Landowner hereby identifies the responsible person or position responsible for ensuring that the inspection and maintenance of the Storm Water Facilities and Improvements is accomplished according to the inspection and maintenance schedule prepared by the engineer of records for this Property ____________ ____________
____________ ____________ (Address or Name of the Property as ____________ ____________ (Name and title of person so identified).

Results of the inspections shall be submitted annually to the City of Woodstock. Inspection reports shall be submitted to:

City of Woodstock
Public Works/Utilities Department
103 Arnold Mill Road
Woodstock, GA 30188

If the responsible entity or contact person changes City of Woodstock shall be notified in writing of the change no later than thirty (30) days from the effective date of such change.

_____
Responsible Entity

_____
Contact Person's Name

_____
Signature

_____
Address

_____
City, State, Zip Code

_____
Phone Number

Attachment B
Required Inspection and Maintenance Schedule

Attach a maintenance and inspection schedule. Refer to Chapter 7 of the Georgia Storm Water Management Manual for minimum recommended inspection and maintenance requirements.