HV Volkswagon STENGER ROBERTS � .
DAVIS & DIAMOND LLP
1136 Route 9
D
Wappingers Falls,New York 12590 RIC �t
(845)298-2000 APR I �d1�
FAX(845)298-2842 ,J�j�y OV WAppjNGER
www.srddlaw.com T�r'1�1
e-mail:info@srddlaw.com �O� CLERK^�
April 9, 2014 —^ �
Barbara Roberti, Zoning Administrator
Kenneth M.Stenger Town of Wappinger
Albert P. Roberts 20 Middlebush Road
Thomas R.Davis Wappingers Falls, New York 12590
Stephen E.Diamond" Re: Hudson Valley Volkswagen Amended Site Plan
Joan F. Garrett— HVA Realty, LLC
Dear Barbara:
Kevin T.McDermott
Angel I.Falun Enclosed herewith please find original Declaration Establishing Drainage Easement and
James P. Horan`"' Covenant to Maintain Stormwater Management Systems Pursuant to § 213-8 of Town
of Wappinger Code duly signed by HVA Realty, LLC.The Declaration has been reviewed
Lisa M.Cobb and is acceptable as to form and is consistent with the requirements of the Town Code,
M. Ellen O'Sullivan as well as the applicable Federal and State statutes and regulations. Please make
Marina V.O'Neill arrangements with the applicant to have this recorded in the Dutchess County Clerk's
office and provide our office with a copy of the recording receipt.
Melissa A.Manna-Williams
Thank you for your assistance.
OF COUNSEL
Scott L.Volkman Very truly yours,
Karen MacNish
INDRA
NGER, ROBERTS, DAVIS& DIAMOND, LLP
PARALEGALS G_-
Sandra Oakley A. OAKLEY
Dawn M.Paino Enc.
CLOSING COORDINATOR cc: Non. Barbara A. Gutzler,Supervisor
Maria L.Jones Hon.Joseph P. Paoloni,Town Clerk
'ALSO ADMITTED IN FL d MA
—ALSO ADMITTED IN CT
'�ALSO ADMITTED IN NJ _
DECLARATION ESTABLISHING DRAINAGE EASEMENT AND
COVENANT TO MAINTAIN STORMWATER MANAGEMENT
SYSTEMS PURSUANT TO 213-5 OF TOWN OF WAPPINGER CODE
THIS DECLARATION ESTABLISHING COVENANTS AND RESTRICTIONS
FOR MAINTENANCE OF STORMWATER MANAGEMENT FACILITIES (hereinafter
the "DECLARATION") made this 31 sr day of MR� , 20A, made by
HVA Realty, LLC whose address for the purposes of this
instrument shall be 299 Kisco Ave,Mt. Kisco New York 10549
EaHx2i=aA5o&x (hereinafter called the"DECLARANT").
WITNESSETH
WHEREAS, § 213-8 of the Town of Wappinger Cade 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 ensures the facility is maintained in proper
working condition to.meet design standards and any other provisions of Chapter 213 of the Town
of Wappinger Code; and
WHEREAS, the DECLARANT is the owner of a certain parcel of property with a
common street address of 1148-1152 Route 9 , Wappingers Falls,
New York 12590 (Town of Wappinger) Dutchess County, New York, described in a certain
deed dated 4/25/97 and recorded in the Dutchess County Clerk's Office on
5/1/97 as document number 2 9 55 , and is identified as Tax Grid
Identification Number 6157-04-690127 , hereinafter referred to as the "Property" and
said Property is more particularly described in Schedule "A" attached hereto; and
CAUsersldlynchNDesktoplApproved SWPPP Declaration 10-13-2013(2).doc
WHEREAS, the Property was the subject of a Resolution of Amended Site Development
Plan and Wetlands Permit Approvals granted by the Town of Wappinger Planning Board,
pursuant to Resolution dated December 2, 2013 (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 the State Pollutant Discharge
Elimination System("SPDES"); and
WHEREAS, SPDES requires the DECLARANT to prepare and submit a Stormwater
Pollution Prevention Plan (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 with a last revised date of
10/28/13 , prepared by M.A. Day Engineering P.C. that
was reviewed and, approved by the Planning Board of the Town of Wappinger, as approving
authority pursuant to § 213-3(C) of the 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
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 resolution granting 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
2
hereby declares that the Property herein identified shall be held, sold, conveyed, transferred,used
and occupied in 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 subject to this DECLARATION is located in
the Town of Wappinger, Dutchess County, New York, is located on
1148-1152 Route 9 , Wappingers Falls, New York 12590 and is identified as
Tax Grid Identification Number 6157-04-690127 , and is more particularly described in
Schedule"A" 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 Site Plan prepared by M.A. Day Engineering P.C. dated
06/05/13 , last revised 10/28/13 (hereinafter "Site Plan") and the
Stormwater Pollution Prevention Plan (hereinafter "SWPPP"), prepared by
M.A. Day Engineering , by document originally dated 07/30/13 ,
Drainage Report for Hudson Valley
last revised 10/28/13 , entitled "Volkswagen Amended Site Plan ", 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
Site Plan and described in the SWPPP as necessary to ensure that performance of the facilities
3
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 aforementioned Site Plan and described in the
SWPPP.
6. Periodic 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`ofthe--SW--PPP 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.
.7. Repair & Replacement. DECLARANT shall undertake necessary repairs and
replacement of the stormwater management 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
Wappingers In the case of a material alteration, abandonment, modification or discontinuance of
the stormwater management facilities; an amendment to the Site Plan, approved by the Town of
4
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. The DECLARANT expressly
acknowledges for himself, his heirs, successor and assigns, and subsequent owners of the
Property that he will be able 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 approved by the Town of Wappinger as described in the SWPPP.
10. Access to Property. In the event that the DECLARANT -fails to maintain the
stormwater management facilities in accordance with the 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 shall 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
license granted herein on 30 days written notice to the owner, except in the case of an 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,
5
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 obligations 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. In any action to enforce the 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 may be awarded in law or equity.
. y qty-"
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 by the Town) except in writing,
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 Wappingers 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 SHALL INURE TO THE BENEFIT OF
THE TOWN OF WAPPINGER, ANY ENFORCEMENT ENTITY, THE DECLARANT,
6
IN WITNESS WHEREOF, the DECLARANT and the TOWN OF WAPPINGER have
executed this DECLARATION on the day and date first above appearing.
t�� L
DECLARAN
By:
,j �fu,�President
Approved:
TOWN OF WAPPINGER
BY:
Chairman of the Planning Board
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS
On the day of , 20�, before me, the undersigned, personally appeared
personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her capacity, and that by his/her
signature on the instrument, the individual or the person upon behalf of which the individual
acted, executed the instrument.
Notary Public
Karen Lowndes,Notary PUNC
STATE OF NEW YORK ) Qualified-westchester Cty,W
ss: Reg#011-06033762
COUNTY OF DUTCHESS } Commission Expires ii12212Q1?
On the V'rday of (OciR-eA , 201 before me, the undersigned, personally appeared
'56PW C D J a , personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged'to me that he/she executed the same in his/her capacity, and that by his/her
signature on the instrument, the individual or the person upon behalf of which the individual
acted, executed the instrument.
Not Public
8