Common use of Storm Water Management Clause in Contracts

Storm Water Management. Developer shall construct storm water management facilities as shown on the Plans in order to adequately drain the Tract of surface waters. In the event that at any time during the construction period the Township Engineer determines that the storm water management facilities as designed are inadequate, Developer shall submit for approval a revised storm water management plan and shall make all of the changes necessary to the storm water management facilities to adequately drain the tract of surface water. However, if in such an instance Developer does not agree with the Township Engineer that the design is inadequate or that changes are necessary, Developer, within ten (10) working days of written notice of inadequacy from the Township, may notify the Township that the determination of inadequacy is disputed. If within twenty (20) days of the date of written notice of inadequacy from the Township, the Township and Developer cannot agree on the changes, if any, necessary to the storm water management plans, Developer and the Township shall jointly, by mutual agreement, appoint an independent professional engineer licensed as such in the Commonwealth to review the determination of adequacy of the storm water management plan and to determine the changes, if any, that are necessary. The determination by said professional engineer and the appointment of an engineer if the parties cannot agree on one shall be determined in a manner consistent with that set forth with respect to fee reimbursement disputes in the Pennsylvania Municipalities Planning Code at Section 510(g)(3), (4) or any amendment to those statutory provisions. The fee of the appointed professional engineer shall be paid by the Township if the independent engineer determines that Developer's existing or proposed revised storm water management plans are adequate. If the plans or revised plans are not adequate in the opinion of the independent professional engineer, Developer shall pay the fee of the appointed professional engineer and shall make all of the changes necessary to the storm water management facilities. Developer shall obtain at its sole expense any necessary storm drainage easements. Developer and the Township shall enter into a separate agreement concerning the maintenance of the storm water management facilities.

Storm Water Management. Developer shall construct storm water management facilities in compliance with the SWMC and as shown on the Plans in order to adequately drain the Tract of surface waters. In the event that at any time during the construction period the Township Engineer determines that the storm water management facilities as designed are inadequate, Developer shall submit for approval a revised storm water management plan and shall make all of the changes necessary to the storm water management facilities to adequately drain the tract of surface water. HoweverProvided, however, if in such an instance Developer does not agree with the Township Engineer that the design is inadequate or that changes are necessary, Developer, within ten (10) working business days of written notice of inadequacy from the Township, may notify the Township that the determination of inadequacy is disputed. If within twenty (20) business days of the date of written notice of inadequacy from the Township, the Township and Developer cannot agree on the changes, if any, necessary to the storm water management plans, Developer and the Township shall jointly, by mutual agreement, appoint an independent professional engineer licensed as such in the Commonwealth to review the determination of adequacy of the storm water management plan and to determine the changes, if any, that are necessary. The determination by said professional engineer and the appointment of an engineer if the parties cannot agree on one shall be determined made in a manner consistent with that set forth with respect to fee reimbursement disputes in the Pennsylvania Municipalities Planning Code at Section MPC Sections 510(g)(3), ) and (4) or any amendment to those statutory provisions. The fee of the appointed professional engineer shall be paid by the Township if the independent engineer determines that Developer's existing or proposed revised storm water management plans are adequate. If the plans or revised plans are not adequate in the opinion of the independent professional engineer, Developer shall pay the fee of the appointed professional engineer and shall make all of the changes necessary to the storm water management facilities. Developer shall obtain at its sole expense any necessary storm drainage easements. Developer and the Township shall enter into a separate agreement Storm Water Management Agreement and Declaration of Easement concerning the installation and maintenance of the storm water management facilitiesfacilities in a form and content acceptable to the Township and consistent with the SWMC.

Storm Water Management. Developer shall construct storm water management facilities as shown on the Plans in order to adequately drain the Tract of surface waters. In the event that at any time during the construction period the Township Engineer determines that the storm water management facilities as designed are inadequate, Developer shall submit for approval a revised storm water management plan and shall make all of the changes necessary to the storm water management facilities to adequately drain the tract of surface water. However, if in such an instance Developer does not agree with the Township Engineer that the design is inadequate or that changes are necessary, Developer, within ten (10) working days of written notice of inadequacy from the Township, may notify the Township that the determination of inadequacy is disputed. If within twenty (20) days of the date of written notice of inadequacy from the Township, the Township and Developer cannot agree on the changes, if any, necessary to the storm water management plans, Developer and the Township shall jointly, by mutual agreement, appoint an independent professional engineer licensed as such in the Commonwealth to review the determination of adequacy of the storm water management plan and to determine the changes, if any, that are necessary. The determination by said professional engineer and the appointment of an engineer if the parties cannot agree on one shall be determined in a manner consistent with that set forth with respect to fee reimbursement disputes in the Pennsylvania Municipalities Planning Code at Section 510(g)(3), (4) or any amendment to those statutory provisions. The fee of the appointed professional engineer shall be paid by the Township if the independent engineer determines that Developer's existing or proposed revised storm water management plans are adequate. If the plans or revised plans are not adequate in the opinion of the independent professional engineer, Developer Xxxxxxxxx shall pay the fee of the appointed professional engineer and shall make all of the changes necessary to the storm water management facilities. Developer shall obtain at its sole expense any necessary storm drainage easements. Developer and the Township shall enter into a separate agreement concerning the maintenance of the storm water management facilities.