Vergilis,Stenger,RobertsDavis&Diamond (2)E PLE PLANNING BOARD
DOCUMENT FORMATS
DECLARATION ESTABLISHING DRAINAGE EASEMENT AND
COVENANT TO MAINTAIN STORMWATER MANAGEMENT
SYSTEMS PURSUANT TO ~ 213-8 OF TOWN OF WAPPINGER CODE
THIS DECLARATION ESTABLISHING COVENANTS AND RESTRICTIONS
FOR MAINTENANCE OF STORMWATER MANAGEMENT FACILITIES (hereinafter
the "DECLARATION") made this _ day of , 2009,;mad~e Eby
whose address for the purposes o~tls instrument shall be
(hereinafter called the "DECLARANT").
WITNESS~~E.TH' '
WHEREAS, § 213-8 of the Town of Wappinger Code'requires the developer of a
property containing a stormwater management facility to execute an`easement, binding upon
subsequent landowners, that provides for access to the facility,at reasonable times for periodic
inspection by the Town;' or its designee, and that ansures the facility is maintained in proper
working condition to meet design standards and any other provisions of Chapter 213 of the Town
of Wappinger Coda; and
(ALTERNATE 1 PARAGRAPH)
WHEREAS, the DECLARANT is the owner of certain real property located on insert
street address in the Town of Wappinger, Dutchess County,
New York, described in a certain deed dated and recorded in the Dutchess
County Clerk's Office on
as document number , is
identified as Tax Grid Identification Number ,hereinafter referred to as
the "Property" and said property is more particularly described in Schedule "1" attached hereto;
and
~ O:\Wappinger\SWPPP Declazation\Approved Format of Declazation Establishing Maintenance Provisions.doc
(ALTERNATE 2 PARAGRAPH)
WHEREAS, said Property is more particularly described as Lot on a Subdivision
Map/Site Plan entitled "
" filed in the Office of the Dutchess
as filed map number ;and is also identified as
Tax Grid Identification Number ;and
WHEREAS, the Property was the subject of Site Plan/Subdivision Approval granted by
the Town of Wappinger Planning Board, pursuant to Resolution dated
(hereinafter the "Project"); and
WHEREAS, the Project proposed to be undertaken on the Property includes the
construction of a storm water management facility that is required by the Federal Clean Water
Act, the New York Environmental Control Law, and the. regulations of New York State
Department of Environmental;-Conservation pertaining to theState Pollutant Discharge
Elimination System ("SPDES"), and
WHEREAS, SPDES `requires ~tlie DECLARANT to prepare and submit a Stormwater
Pollution Prevention Plari:~(SWPPP)'for the Project in accordance with SPDES regulations and
Chapter 213 of the Town of Wappinger Code; and
WHEREAS, the DECLARANT prepared a SWPPP dated
prepared by that was reviewed and approved by the
Planning Board of the `T'own of Wappinger, as approving authority pursuant to § 213-3(C) of the
County Clerk on
Town Code and a copy thereof was placed on file in the Office of the Town Clerk of the Town of
Wappinger; and
WHEREAS, the Town of Wappinger and the New York State Department of
Environmental Conservation require that the stormwater management measures approved in
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connection with the Project be built in accordance with the approved Project plans and thereafter
be maintained, cleaned, repaired, replaced and continued in perpetuity to insure optimum
performance of the Stormwater management components.
NOW, THEREFORE, in consideration of the approval granting (Subdivision or Site
Plan) Approval by the Town of Wappinger Planning Board, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged by the
DECLARANT, the DECLARANT hereby declares that the Property herein identified shall be
held, sold, conveyed, transferred, used and occupied ~n accordance with the'following Covenants
and Restrictions:
1. Recitations Incorporated. The recitations above set forth are incorporated in
this Declaration as if fully set forth and adopted. herein.
2. Property. The Property which is sub~ect'to this DECLARATION is located in
the Town of Wappinger, Dutchess County, New York, is located on insert street
address ~'<~ ~,, and is identified
as Tax Grid Identification Number ,and is more particularly
described in Schedule"1" attached hereto.
` 3. Construction, of Stormwater Management Facilities. DECLARANT declares,
establishes, imposes, obligates and binds, for himself, his heirs, successors and assigns, that
Stormwater management ,facilities shall be constructed and installed on the Property in
accordance with the Subdivision Map/Site Plan prepared by
dated last revised (hereinafter "the
Subdivision/Site Plan") and the Stormwater Pollution Prevention Plan (hereinafter "SWPPP"),
+"` prepared by by document originally dated
last revised entitled "Stormwater Pollution
Prevention Plan for the ` "', a copy of which is on file in the Office of
the Town Clerk of the Town of Wappinger. Said stormwater management facilities may include,
without limitation, drainage pipes, swales, headwalls, plantings, associated vegetative plantings,
stormwater management structures and facilities, including maintenance thereof.
..
4. Maintenance of Stormwater Management Facilities. DECLARANT shall
maintain, clean, repair, replace and operate the stormwater management facilities shown on the
Subdivision Map/Site Plan and described in the SWPPP as necessary to ensure that performance
of the facilities will operate in accordance with the design specifications and in accordance with
the terms of the SWPPP.
5. Costs of Construction and Maintenance. DECLARANT shall be responsible
for all expenses related to construction; installation, inspection and maintenance of the
stormwater management facilities shown on the ~ Subdivision Map/Site Plan and described in the
SWPPP.
6. Periodie Inspection: DECLARANT shall provide for the periodic inspection of
the stormwater management facilities to; determine the condition and integrity of the stormwater
management facilities in accordance with the provisions of the SWPPP. Such inspection shall
take place not less than once in every one year period or at such intervals as set forth in the
SWPPP. A Professional Engineer licensed by the State of New York shall perform such
inspection. The inspecting 'engineer shall prepare and submit to the Town of Wappinger
Stormwater Management Officer within 30 days of the inspection, a written report of the
findings including recommendations for those actions necessary for the continuation of the
stormwater management facilities and its proper operation.
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7. Repair & Replacement. DECLARANT shall undertake necessary repairs and
replacement of the Stormwater control facilities at the direction of the Town of Wappinger or in
accordance with the recommendations of the inspecting engineer.
8. Changes to Stormwater Management Facilities. DECLARANT shall not
~ authorize, undertake or permit alteration, abandonment, modification,or discontinuation of the
Stormwater management facilities except in accordance with the written approval of the
Stormwater Management Officer, upon the advice and consent of the Engineer to the Town of
Wappinger. In the case of a material alteration, abandonment; modification or discontinuance of
the Stormwater management facilities, an amendriertt to the Site Plan, approved by tfie Town of
"~ Wappinger Planning Board, shall be required. Such written approval(s) shall be filed with the
SWPPP in the Office of the Town Clerk
9. Building Permits/Certificates of Occupancy. Tle DECLARANT expressly
~ acknowledges for himself, his heirs, successor .and assigns, Wand subsequent owners of the
Property that he will belable to obtain Building Permits only for the construction authorized by
the above referenced Site Plan Approval, except, however, no Certificates of Occupancy will be
issued for.-any building construction until such time as the Stormwater management facilities are
constructed and accepted by the Town of Wappinger as described in the SWPPP.
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10. Access to Property. In the event that the DECLARANT fails to maintain the
Stormwater management facilities in accordance with the Subdivision Map/Site Plan or the
SWPPP and the DECLARANT fails to undertake corrective action reasonably required by the
Town of Wappinger or any agency having jurisdiction over the stormwater management facility
("Stormwater Agency"), the Town or the Stormwater Agency have the right, but not the
~„ obligation, to enter upon the Property and undertake such steps as reasonably necessary for the
preservation, continuation or maintenance of the Stormwater control measures and to affix the
expenses thereof as a lien against the property. The Town or Stormwater Agency may utilize the
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license granted herein on 30 days written notice to the owner, except in the case of emergency
for which no notice shall be required. In a case where the stormwater management facility
creates an emergency that threatens life or property, the Town or Stormwater Agency shall have
the right to enter upon the property and undertake such remedies as reasonably necessary to
alleviate such emergency.
11. Enforcement.
A. DECLARANT further declares that the owner of the Property, the Town of
Wappinger, or any municipality succeeding to the rights,of the~;Town (hereinafter "Enforcement
Entity"), shall have the right to enforce the rights; duties and obligations imposed by this
DECLARATION by any proceeding at law or in equity',: against any person or persons violating,
or attempting to violate any covenant, restriction, obligation or. easement, to restrain a violation
thereof, or to require specific performance for the construction. and maintenance of the
stormwater management facilities and the duties and obhgatigns:=herein imposed pursuant to the
SWPPP above referenced, to recover damages for any violations thereof, and, to enforce or
foreclose any lien created by these covenants.
B. Iri any> action ~ ~ to ~ enforce tlie~ ~ terms, covenants, or restrictions of this
DECLARATION, the prevailing party;shall be entitled to an award of reasonable attorney's fees,
expert fees; .and other costs and disbursements incurred in such proceeding, which shall be in
addition to such'other relief as inay be awarded in law or equity.
C. Failure by the Town of Wappinger or any Enforcement Entity to enforce any of
the provisions of this DECLARATION shall in no event be deemed a waiver of any subsequent
right to enforce any such violations at a future time. The expense of such enforcement is hereby
deemed to be a charge on such Property.
12. Modification. This DECLARATION may not be modified or terminated (e.g. in
the event use of the facility is no longer necessary as determined y the Town) except in writing,
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executed and acknowledged by the DECLARANT and only upon consent of the Town Board of
the Town of Wappinger, pursuant to Resolution duly adopted by the Town Board upon
recommendation of the Planning Board of the Town of Wappinger, and recorded in the Office of
the Dutchess County Clerk.
13. Duration. The Covenants and Restrictions set forth herein shall be binding on
the Property above described, and, except as otherwise provided';herein, these COVENANTS
AND RESTRICTIONS SHALL RUN WITH THE LAND AFFECTED THEREBY,
SHALL BE PERPETUAL IN DURATION AND SIIALL INURE TO THE BENEFIT OF
THE TOWN OF WAPPINGER, THE DEC>~ARANT; ~. AND ANY SUBSEQUENT
OWNER OF THE PROPERTY, AND SHALL ~BE~ :BINDING ON ALL PARTIES
HAVING OR ACQUIRING ANY RIGHT,. TITLE OR INTEREST IN AND TO THE
ABOVE PROPERTY OR PART THEREOF, . THEIR HEIRS, SUCCESSORS OR
ASSIGNS FOREVER.
14. Binding ~ Effect. DECLARANT hereby binds himself and his heirs, successors,
and assigns, and any subsequent owner(s) of _the Property identified on the above referenced
Subdivision Map/Site Plan to construct and maintain all stormwater management facilities and
improvements required by the above referenced SWPPP and as set forth herein.
15. Partial Invalidity; Separability. The provisions of this DECLARATION are
separable and if any provision, clause, sentence, sub-section, word or part thereof is held illegal,
invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality,
invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the other
remaining provisions, clauses, sentences, sub-sections, words or parts of this DECLARATION
or their application to the Lot or other persons or circumstances. It is hereby stated to be the
intention of the DECLARANT that this DECLARATION would have been adopted if such
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