AGREEMENT FOR PROPERTIES OWNED BY INDIVIDUALS (NON

AGREEMENT FOR PROPERTIES

OWNED BY INDIVIDUALS

(NON-BUSINESS

ENTITIES)

OPERATION AND MAINTENANCE AGREEMENT STORMWATER

FACILITIES BEST MANAGEMENT PRACTICES (BMP)

THIS AGREEMENT,

made and entered into this day of , 20

___,

and between __________________________________ (hereinafter the "Owner"), and the

Township of South Hanover, Dauphin County, Pennsylvania, (hereinafter the "Township").

WITNESSETH:

WHEREAS, the Owner is the owner of certain real property in the Township of South

Hanover, Dauphin County, Pennsylvania, [identified as ______ on the

Subdivision Plan of ____________________________________________(hereinafter the

"Plan")][as recorded by deed], recorded in Dauphin County Recorder of Deeds Office at

Instrument No. ____________________________, Uniform Parcel No. _______________

(hereinafter the

"Property"); and

WHEREAS,

the Owner is proposing to build and develop the Property and to make

improvements to the Property, under and pursuant to the Plan, which Plan is expressly

made a part hereof, as approved or to be approved, and intended to be recorded

contemporaneously herewith]; and

WHEREAS, the Stormwater Management Site Plan (hereinafter "SWM Plan") for the Property

which is attached hereto as Exhibit "A" and is expressly made a part hereof, as approved or to

be approved by the Township, provides for detention, retention, infiltration and/or treatment of

stormwater within the confines of the Property; and

WHEREAS, the Township and the Owner, its successors, heirs, and assigns agree that the

health, safety, and welfare of the public require that on-site stormwater management facilities

and BMPs be constructed and maintained on the Property: and

WHEREAS, the Township requires, through the implementation of the SWM Plan, that

stormwater management facilities and BMPs as required by the SWM Plan and the South

Hanover Township Stormwater Management Ordinance be constructed and adequately

operated and maintained by the Owner, its successors, heirs, 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:

The on-site stormwater management facilities and BMPs shall be constructed by the

Owner, its successors, heirs, and assigns, in accordance with the terms, conditions,

details and specifications identified in the SWM Plan.

The Owner, its successors, heirs, and assigns, shall operate and maintain the stormwater

management facilities and BMPs in good working condition, acceptable to the

Township so that they are performing their design functions and in accordance with the

specific maintenance requirements noted on the approved SWM Site Plan.

The Owner, its successors, heirs, and assigns, hereby grant perm1ss1on to the Township,

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 and BMPs whenever the Township deems necessary. The purpose of the

inspection is to ensure the 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 Township shall give the Owner, its successors,

heirs and assigns, copies of the inspection report with findings and evaluations. At a

minimum, maintenance inspections shall be performed in accordance with the schedule

specified in the BMP Operations and Maintenance Plan.

All reasonable costs for said inspections shall be borne by the Owner, its successors,

heirs, and assigns, and payable to the Township.

By signing this Agreement, the owner conveys to the Township easements and/or

rights-of-way adequate to assure access for periodic inspections by the Township and

maintenance, if required.

In the event the Owner, its successors, heirs and assigns, fails to maintain the stormwater

management facilities and BMPs in good working condition acceptable to the

Township, the Township shall give proper notice to Owner setting forth the specifics of

such failure to maintain, the remediation required, and deadline to complete such action.

After failure by the Owner to remedy within the specified time limit, the Township may

enter upon the Property and take such necessary and prudent action to maintain said

stormwater management facilities and BMPs and to charge the costs of the maintenance

and/or repairs to the Owner, its successors, heirs and assigns. This provision shall not

be construed to allow the Township to erect any structure of a permanent nature on the

land of the Owner, outside of any easement rights that the Township may have. It is

expressly understood and agreed that the Township 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 Township.

The Owner, its successors, heirs, and assigns, will perform operation, maintenance, and

inspections in accordance with the BMP Operations and Maintenance Plan for the

stormwater management facilities and BMPs including sediment removal as outlined on

the approved Drainage Plan.

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 Owner's, its successors, heirs or

assigns failure to perform such work, the Owner, its successors, heirs and assigns,

shall reimburse the Township upon demand, within 10 days of receipt of invoice

thereof, for all costs incurred by the Township hereunder. If not paid within said

10-day period, the Township may enter a lien against the property, including any

and all properties when the Owner is a Homeowners Association, in the amount of

such costs, or may proceed to recover the costs through proceedings in equity or at

law as authorized by law.

The intent and purpose of this Agreement is to ensure the proper maintenance of

the onsite BMPs by the Owner; provided however, that this Agreement shall not be

deemed to create any additional liability of any party for damage alleged to result

from or be caused by stormwater runoff.

10.

The Owner, its successors, heirs, and assigns, shall indemnify the Township and its

agents and employees against any and all damages, accidents, casualties, occurrences

or claims which might arise or be asserted against the Township for the construction,

presence, existence or maintenance of the stormwater management facilities and BMPs

by the Owner, its successors, heirs and assigns.

11.

In the event a claim is asserted against the Township, its agents or employees, the

Township shall promptly notify the Owner, its successors, heirs or assigns, and they

shall defend, at their own expense, any suit based on such claim. If any judgment or

claim against the Township, its agents or employees shall be allowed, the Owner, its

successors, heirs, and assigns shall pay all costs and expenses in connection therewith.

12.

In the event of an emergency or the occurrence of special or unusual circumstances or

situations, the Township may enter the Property, if the Owner 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 Township shall notify the Owner of any inspection,

maintenance, or repair undertaken within five days of the activity. The Owner shall

reimburse the Township for its costs.

13.

Invalidation of any one of these provisions by judgment or Court Order shall in no way

affect any other provisions that shall remain in full force and effect.

14.

The Owner shall provide the Township with an annual written report documenting the

following items:

Listing of all Post-Construction Stormwater Management (PCSM) Best

Management Practices (BMPs) that were installed to meet requirements in

NPDES Permits for Stormwater Discharges Associated with

Construction Activities approved since March 10, 2003;

The exact location of the PCSM BMP (e.g., street address);

Information (e.g., name, address, phone number) for BMP owner and

entity responsible for BMP Operation and Maintenance (O&M), if

different from BMP owner;

The type of BMP and the year it was installed;

Maintenance required for the BMP type according to the Pennsylvania

Stormwater BMP Manual and other applicable manuals and resources;

The actual inspection and maintenance activities performed for each

BMP during the year;

An assessment by the permittee if proper operation and maintenance

occurred during the year and if not, what actions the permittee has taken,

or shall take, to address compliance with O&M requirements.

15.

The individual lot owners(s) at the time of building permit application shall bear the

responsibility of redesigning the stormwater management system should their dwelling

size or location change to an extent requiring changes to the design and shall also bear the

cost of review by the Township Engineer.

This Agreement shall be recorded at the Recorder of Deeds Office in Dauphin County,

Pennsylvania and shall constitute a covenant running with the Property and an equitable

servitude, and shall be binding on the Owner, its administrators, executors, assigns, heirs,

and any other successors in interest, in perpetuity.

(The bottom of this page has been left blank intentionally.)

PROPERTY ADDRESS: _________________________________________________

WITNESS: OWNER(S):

________________________

Witness Signature Owner Signature

Print Name: Print Name:

________________________

Witness Signature Owner Signature

Print Name:

ACKNOWLEDGMENT

COMMONWEALTH OF PENNSYLVANIA

:SS

DAUPHIN COUNTY, PA

On this, the ___ day of _____________________,

___

, before me, a Notary Public, in and

for said county and

state, personally appeared

_______________________________

known to

me or satisfactorily proven to be the person(s) whose name(s) are subscribed to the within this

OPERATION AND MAINTENANCE AGREEMENT STORMWATER FACILITIES –

BEST MANAGEMENT PRACTICES

and acknowledge that he/she/they, executed the foregoing

instrument for the purposes therein contained, as owners of Uniform Parcel No:

_______________

so that said instrument can be recorded.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

_____________________________

Notary Public

(SEAL)

OPERATION AND MAINTENANCE AGREEMENT STORMWATER FACILITIES

BEST MANAGEMENT PRACTICES (BMP)

PARCEL NO: ________________________________________

ATTEST TOWNSHIP OF SOUTH HANOVER

BOARD OF SUPERVISORS

______________________________ ________________________________

Secretary Chairperson

Print Name: Print Name:

ACKNOWLEDGMENT

COMMONWEALTH OF PENNSYLVANIA

:SS

DAUPHIN COUNTY, PA

On this, the ______________

day of ______________, 20____

before me, a Notary

Public,

personally appeared _______________ who acknowledged himself/herself to be the

Chairperson of the South Hanover Township Board of Supervisors, and that as such officer,

being authorized to do so, executed the foregoing instrument for the purpose therein contained

by signing the name of the Township by himself/herself as Chairperson.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

_____________________________________

Notary Public

(SEAL)