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CITY OF CHARLESTON, SOUTH CAROLINA Department of Public (City of Charleston)

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City of Charleston, South Carolina Stormwater Design Standards Manual
Department of Public Service August 2014
CITY OF CHARLESTON, SOUTH CAROLINA
Department of Public Service
Engineering Division
COVENANTS FOR PERMANENT MAINTENANCE OF STORMWATER FACILITIES
THIS MAINTENANCE COVENANT AND ACCESS EASEMENT ("Covenant Agreement") is
made this ____ day of _____________, 20___, between
____________________________________ (“Property Owner”) and the CITY OF
CHARLESTON, a municipal corporation organized under the laws of the State of South
Carolina (the “City").
RECITALS
A. Property Owner is the owner of certain real property located in the City of Charleston,
Charleston County, South Carolina, legally described on Exhibit A attached hereto and
commonly known as ______________________________________________________ (the
“Property”).
B. The City has approved the Construction Activity Application submitted by the Property
Owner for Development, Re-Development, or other Construction Activities. This Covenant
Agreement applies to all Best Management Practices (BMPs) used by the Property Owner for the
control of stormwater, including detention and retention ponds. This Covenant Agreement
applies to all BMPs as described in the approved construction plans and any other BMPs that
may hereafter be constructed on the Property.
C. To protect subsequent owners of the Property and owners of neighboring property, the
City is requiring that Property Owner enter into this Covenant Agreement as a condition to the
City’s approval of the Construction Activity Application and approval of the final plat for the
Property.
D. This Covenant Agreement is intended to protect the value and desirability of the real
property described above, and shall inure to the benefit of all citizens of the City of Charleston
and their successors and assigns.
COVENANT AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the City and Property Owner agree as follows:
A. The above stated recitals are incorporated herein by reference as if fully restated
verbatim.
B. Definitions.
CPMSF-2014
Page 1 of 8
City of Charleston, South Carolina Stormwater Design Standards Manual
Department of Public Service August 2014
The following words and terms when used in this Article shall have the meaning
respectively ascribed to them in this Section.
“Best Management Practices (BMPs)” are any structural or non-structural measure
including, but not limited to stormwater detention and retention ponds or facility used for the
control of stormwater runoff, be it for quantity or quality control. BMPs also include
schedules of activities, prohibitions of practices, maintenance procedures, treatment
requirements, operating procedures, and other management practices to control site runoff,
spillage or leaks, sludge or waste disposal, drainage from raw material storage, or measures
that otherwise prevent or reduce the pollutant loading of receiving waters.
“Forebay” is a settling basin, engineered structure, or plunge pool constructed at the
incoming discharge points of a stormwater BMP which helps to isolate the sediment deposition
in an accessible area.
C. Covenant to Maintain and Repair.
Property Owner shall at all times maintain the BMPs in good working order, condition,
and repair, clear of all debris, and in compliance with all applicable federal, state and municipal
laws, rules, regulations, and guidelines (including those adopted from time to time by the City,
including but not limited to, the City’s Stormwater Design Standards Manual), and in accordance
with the Property Owner Responsibilities set forth in this Covenant Agreement.
D. Property Owner Responsibilities.
1. Regular Inspections: Inspections shall be performed at least twice a year or more
regularly as listed below. In the event of a sale or a transfer of property, the original set
of inspection records or a copy of the original inspection records shall be provided to the
new property owner. BMP Inspection reports shall be generated and kept on file for five
(5) years. BMP Reports shall be made available to the City of Charleston within seven
(7) business days upon written request. If such reports are generated by a third party, the
reports shall remain the owner’s (or owners’) responsibility to maintain.
2. Routine Maintenance: Maintenance activities needed on a routine basis are listed below.
All activities listed below shall be performed at the frequency specified below or more
frequently as needed.
a. Vegetation Management: If applicable, grass shall be mowed every two (2)
weeks or more frequently as needed during the growing season.
b. Inlet and Outlet Structures: Any blockage of inlet and outlet structures shall be
removed immediately. Inlet and outlet protection shall be repaired or replaced as
needed.
c. Debris and Litter: Trash and other debris that collects in stormwater detention and
retention ponds shall be removed immediately. Trash and other debris that
collects in other BMPs shall be removed as recommended by the manufacturer or
at a frequency such that the function of the BMP is not adversely affected.
3. Sediment Removal: BMPs will trap sediments and other material over time and shall be
maintained in accordance with the submitted and City-approved post-construction
maintenance plan. Removal of the sediment shall occur no less frequently than once per
CPMSF-2014
Page 2 of 8
City of Charleston, South Carolina Stormwater Design Standards Manual
Department of Public Service August 2014
year for manufactured BMPs, or once every five years for stormwater detention and
retention ponds, or as specified by the BMP manufacturer, whichever is more frequent.
If a Forebay exists, any trash or other debris shall be completely removed as discovered
through routine maintenance activities or inspections.
4. Slope Stabilization/Structural Integrity: Slope erosion, sink holes, or other slope
structural deficiencies shall be repaired upon discovery through routine maintenance
activities or inspections.
5. The City of Charleston reserves the right to alter the maintenance schedule and required
activity(ies) as necessary to ensure the proper function of a BMP.
E. Additional Responsibilities.
Additional routine or long-term maintenance activities to be performed on the BMPs.
This section may also be used to replace the list of maintenance activities listed above or to list
manufacturer requirements.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
F. Failure to Perform Covenant Agreement
If the City determines that Property Owner is not in compliance with the requirements
contained in this Covenant Agreement, except in the case of emergency, the City or its designee
shall give the Property Owner written notice to perform the maintenance and/or repair work
specified in the notice. If such work is not performed to the City’s satisfaction within seven (7)
days after the date of such notice, Property Owner hereby grants to the City, its employees,
independent contractors and designees the right to enter the Property to perform any and all work
required to bring the BMPs into compliance with the requirements contained in this Covenant
Agreement. The scope of work required shall be determined by the City at its sole discretion.
If the City determines that the Property Owner is not in compliance with the requirements
contained in this Covenant Agreement and determines that there exists or will likely exist an
emergency on or about the Property with respect to the BMPs, Property Owner hereby grants to
the City, its employees, independent contractors and designees the right to enter the Property to
perform any and all work required to bring the BMPs into compliance with the requirements
contained in this Covenant Agreement, and in such case the City shall use reasonable efforts to
notify the Property Owner prior to entering the Property.
G. Reimbursement.
CPMSF-2014
Page 3 of 8
City of Charleston, South Carolina Stormwater Design Standards Manual
Department of Public Service August 2014
If the City exercises its right to enter the Property under the authority granted to it by this
Covenant Agreement (to include inspection, sampling, repairing, maintaining, and monitoring),
Property Owner shall reimburse the City for all of its costs and expenses incurred in connection
therewith within thirty (30) days after receipt of an invoice from the City for such work. If
Property Owner fails to pay the invoiced amount within such period, such amount shall
thereafter accrue interest at a per annum rate equal to the prime rate being the rate from time to
time publicly announced and published daily in the Wall Street Journal plus three percent (3%).
Such amount, together with interest, shall be a lien on the Property (and each of the lots
contained therein) which may be foreclosed in accordance with the law, as amended from time to
time. If the Property is owned by more than one person (i.e., multiple lot owners), each such
owner shall be jointly and severally liable for payment of the amounts provided for under the
requirements contained in this Covenant Agreement.
H. Indemnification.
Property Owner agrees to indemnify, defend, and hold harmless the City, its employees,
independent contractors and designees harmless from and against any liability, losses, costs,
expenses (including reasonable attorneys’ fees), claims or suits arising from Property Owner’s
failure to perform its obligations under this Covenant Agreement or any exercise of the City, its
employees, independent contractors or designees of their rights under this Covenant Agreement.
I. Access Easement.
Property Owner hereby grants the City, its employees, independent contractors and
designees a nonexclusive easement for ingress and egress over, across and under the Property for
the purposes described in this Covenant Agreement and from time to time at the City’s sole
discretion to inspect, sample, and monitor components of the BMPs and discharges there from.
PROPERTY OWNER, FOR ITSELF AND ITS SUCCESSORS AND ASSIGNS
(INCLUDING ALL OWNERS OF LOTS IN THE PROPERTY), AGREES THAT THE CITY,
ITS EMPLOYEES, INDEPENDENT CONTRACTORS AND/OR DESIGNEES SHALL NOT
HAVE ANY OBLIGATION TO EXERCISE THEIR RIGHTS UNDER THIS COVENANT
AGREEMENT OR TO PERFORM ANY MAINTENANCE OR REPAIR OF THE BMPS,
AND THAT THE CITY, ITS EMPLOYEES, INDEPENDENT CONTRACTORS AND/OR
DESIGNEES SHALL NOT HAVE ANY LIABILITY TO PROPERTY OWNER OR ANY OF
PROPERTY OWNER’S SUCCESSORS OR ASSIGNS (INCLUDING OWNERS OF LOTS IN
THE PROPERTY) IN CONNECTION WITH THE EXERCISE OR NONEXERCISE OF
SUCH RIGHTS, THE MAINTENANCE OR REPAIR OF THE BMPS, OR THE FAILURE TO
PERFORM THE SAME.
J. This Covenant Agreement Runs with the Land.
The parties’ rights and obligations contained herein shall run with the land and inure to
the benefit of, and shall be binding upon, the City and Property Owner and their respective
successors and assigns including, without limitation, subsequent owners of the Property and any
homeowner’s association owning common areas on the Property.
K. Assignment.
CPMSF-2014
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City of Charleston, South Carolina Stormwater Design Standards Manual
Department of Public Service August 2014
The obligations of the Property Owner (and subsequent owners of the Property) under
this Covenant Agreement shall not be assigned except (a) in connection with the sale of the
property owned by such person (in which case the transferee shall assume such obligations), or
(b) with the prior written consent of the City.
L. Authority.
By executing this Covenant Agreement, the Property Owner represents and warrants to
the City that he or she has the full power and authority to do so and that the Property Owner has
full right and authority to enter into this Covenant Agreement and perform its obligations under
this Covenant Agreement.
M. Entire Covenant Agreement.
This Covenant Agreement constitutes the entire Covenant Agreement between the
parties, and supersedes all prior discussion, negotiations, and all agreements whatsoever whether
oral or written.
N. Governing Laws.
The laws of South Carolina shall govern this Covenant Agreement. Any and all litigation
arising under or as a result of said Covenant Agreement shall be litigated in the Circuit Court in
the Ninth Judicial Circuit of Charleston County, South Carolina.
CPMSF-2014
Page 5 of 8
City of Charleston, South Carolina Stormwater Design Standards Manual
Department of Public Service August 2014
PROPERTY AND BMP DESCRIPTIONS
PARCEL/TMS#:_______________________________________________________________
NAME & TYPE OF BMP(S):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
LOCATION OF BMP(S):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
PROPERTY DEED RECORDED DATE:
______________________________________________________________________________
TITLE OF SITE PLAN:
______________________________________________________________________________
(Shall exactly match the title given on application for a land disturbance permit)
PROJECT ENGINEERING FIRM:
______________________________________________________________________________
PROJECT CONSTRUCTION FIRM:
______________________________________________________________________________
NUMBER & DATE OF LAND DISTURBANCE PERMIT:
______________________________________________________________________________
ENGINEERING DIVISION APPROVAL OF MAINTENANCE CONVENANTS
______________________________________________________________________________
Plan Review Engineer or Public Service Department Designee Date
CPMSF-2014
Page 6 of 8
City of Charleston, South Carolina Stormwater Design Standards Manual
Department of Public Service August 2014
PROPERTY OWNERS
NAME : __________________________________________________________________
ADDRESS: ___________________________________________________________________
CITY: ________________________ STATE: _______________ ZIP CODE: ____________
PHONE: ____________________ FAX: _____________________
E-MAIL: __________________________________
NAME : __________________________________________________________________
ADDRESS: ___________________________________________________________________
CITY: ________________________ STATE: _______________ ZIP CODE: ____________
PHONE: ____________________ FAX: _____________________
E-MAIL: __________________________________
NAME : __________________________________________________________________
ADDRESS: ___________________________________________________________________
CITY: ________________________ STATE: _______________ ZIP CODE: ____________
PHONE: ____________________ FAX: _____________________
E-MAIL: __________________________________
CPMSF-2014
Page 7 of 8
City of Charleston, South Carolina Stormwater Design Standards Manual
Department of Public Service August 2014
IN WITNESS WHEREOF, the Property Owner and the City have executed this Covenant
Agreement on the date first written above.
PROPERTY OWNER: __________________________________________________________
BY: __________________________________ ITS: ___________________________________
Witness: _______________________________Printed Name____________________________
Witness: _______________________________Printed Name____________________________
STATE OF SOUTH CAROLINA ) ss
County of Charleston )
This instrument was acknowledged before me on _______________________, by
_______________________________ as ______________________________.
______________________________
Notary Public for South Carolina
My Commission Expires__________
THE CITY OF CHARLESTON, SOUTH CAROLINA
BY: __________________________________ ITS: ___________________________________
Witness: _______________________________Printed Name____________________________
Witness: _______________________________Printed Name____________________________
STATE OF SOUTH CAROLINA ) ss
County of Charleston )
This instrument was acknowledged before me on _______________________, by
_______________________________ as _________________________________ of the City of
Charleston.
______________________________
Notary Public for South Carolina
My Commission Expires__________
CPMSF-2014
Page 8 of 8
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Completed 17 January 2021

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