Stormwater Maintenance Agreement Template

This Stormwater Maintenance Agreement (“Agreement”) is entered into as of [Effective Date], by and between:

Owner: [Full Legal Name of Property Owner], of [Address]

and

Municipality / County / Authority: [Full Legal Name of City, County, District, or Other Authority], of [Address]

If applicable, additional responsible party:

Association / Manager / Other Responsible Party: [Full Legal Name], of [Address]

Together, the parties are referred to as the “Parties.”

1. Property Covered

This Agreement relates to the following real property:

Property Address: [Property Address]
City, State, ZIP Code: [City, State, ZIP Code]

Legal Description:

[Insert full legal description]

Parcel Number / Tax ID Number: [Parcel Number]

Any subdivision, site plan, plat, permit number, or project name related to this property:

[Insert reference details]

2. Stormwater Facilities Covered

The stormwater facilities, stormwater control measures, or best management practices covered by this Agreement include the following:

[Describe pond, basin, swale, rain garden, infiltration system, pipes, underdrains, outlet structures, pretreatment devices, proprietary units, vegetation areas, easements, or other stormwater improvements]

These facilities are referred to in this Agreement as the “Facilities.”

3. Purpose of Agreement

The purpose of this Agreement is to establish long-term responsibility for the inspection, operation, maintenance, repair, replacement, and continued proper functioning of the Facilities.

The Parties intend that the Facilities will be maintained so they continue to operate in substantial accordance with the approved design, applicable permits, and any approved stormwater operations and maintenance plan.

4. Approved Plan and Maintenance Standards

Owner agrees to maintain the Facilities in accordance with:

[Approved stormwater plan / stormwater report / permit / O&M manual / municipal code / engineer-approved drawings / other controlling documents]

Owner shall maintain the Facilities in good working order and condition and shall perform all routine, corrective, preventive, and replacement work reasonably necessary to keep the Facilities functioning as designed.

5. Owner Responsibilities

Owner shall be responsible, at Owner’s sole cost unless otherwise stated here, for:

• routine inspection of the Facilities;

• debris, trash, and obstruction removal;

• sediment removal when needed;

• mowing, vegetation management, and erosion repair;

• repair or replacement of pipes, structures, inlets, outlets, control devices, and related components;

• restoration of infiltration, drainage, and storage capacity where applicable; and

• any additional work required by the approved plan or by lawful notice from the Municipality.

If another party shares responsibility, the allocation is as follows:

[Describe any allocation among owner, association, manager, or other parties]

6. Inspection Schedule

Owner shall inspect the Facilities as follows:

☐ Monthly
☐ Quarterly
☐ Semi-annually
☐ Annually
☐ After major storm events
☐ According to attached inspection schedule
☐ Other: [Describe]

Additional inspection triggers or special conditions:

[Describe]

7. Records and Reporting

Owner shall keep accurate maintenance and inspection records for the Facilities, including dates of inspection, work performed, deficiencies found, repairs made, and service providers used.

Required reporting to the Municipality shall be as follows:

☐ Annual inspection report due on [Date / month]
☐ Maintenance log available upon request
☐ Engineer certification when required
☐ Other reporting requirement: [Describe]

Records shall be kept for at least [Number] years or for any longer period required by law, permit, or municipal policy.

8. Notice of Deficiencies

If the Municipality determines that the Facilities are not being properly maintained or are not functioning as required, the Municipality may provide written notice describing the deficiency and the corrective action required.

Owner shall complete the required corrective action within:

[Number] days after notice

If emergency conditions exist, the correction period may be shortened as reasonably necessary to protect health, safety, property, or water quality.

9. Municipal Access Rights

Owner grants the Municipality and its authorized employees, agents, contractors, inspectors, and representatives the right to enter the property at reasonable times, and at any time in an emergency, for the purpose of:

• inspecting the Facilities;

• verifying compliance with this Agreement;

• investigating discharges or malfunctions;

• reviewing records related to maintenance; and

• performing corrective work if authorized by this Agreement or by law.

Municipal access under this section does not by itself create an obligation for the Municipality to operate or maintain the Facilities.

10. Corrective Work by Municipality

If Owner fails to correct a deficiency within the required time after notice, the Municipality may, to the extent permitted by law, enter the property and perform or arrange for the work reasonably necessary to place the Facilities in proper working condition.

Any costs incurred by the Municipality in doing so shall be reimbursed by Owner and may be enforced as follows:

[Direct reimbursement / special assessment / lien / tax bill placement / other lawful collection method]

11. Easement and Access Area Maintenance

If the Facilities or access routes are located within a stormwater easement, maintenance and access easement, drainage easement, or similar area, Owner shall keep that area reasonably accessible for inspection, service, and repair.

Owner shall not construct, fill, obstruct, plant, pave, or alter the easement area in a way that interferes with the functioning, maintenance, or access needs of the Facilities, except as expressly approved in writing.

12. Transfer of Property

This Agreement shall be binding upon Owner and Owner’s heirs, successors, assigns, and all future owners of the property to the extent permitted by law.

Before any sale, transfer, or conveyance of the property, Owner shall provide the transferee with a copy of this Agreement and any reasonably available maintenance records, reports, and approved stormwater documents.

13. No Modification Without Approval

Owner shall not materially modify, relocate, remove, or impair the Facilities without prior written approval from the Municipality and any other approval required by law, permit, or recorded easement.

Approved modifications shall be documented as follows:

[Describe amendment procedure]

14. Indemnity and Responsibility

To the extent allowed by law, Owner shall be responsible for the condition, operation, maintenance, and use of the Facilities and shall indemnify, defend, and hold harmless the Municipality from claims, losses, or damages arising out of the construction, operation, maintenance, repair, or failure of the Facilities, except to the extent caused by the Municipality’s own wrongful conduct.

Any limitation on this section is as follows:

[Describe or write “None”]

15. Default

A default under this Agreement includes:

• failure to inspect as required;

• failure to maintain or repair the Facilities;

• failure to keep required records or submit required reports;

• interference with municipal access;

• unauthorized modification of the Facilities; or

• failure to reimburse the Municipality for authorized corrective work.

16. Governing Law

This Agreement shall be governed by the laws of [State/Country], except to the extent mandatory municipal, environmental, stormwater, land use, or real property law applies.

17. Recording

The Parties intend that this Agreement may be recorded in the land records of the county or jurisdiction where the property is located so that it provides notice to future owners and other interested parties.

Recording reference, if applicable:

[Book / Page / Instrument Number / To be completed after recording]

18. Entire Agreement

This Agreement contains the complete understanding of the Parties regarding the maintenance and long-term responsibility for the Facilities and supersedes prior oral or written discussions on that subject.

Any amendment to this Agreement must be in writing and signed by the Parties, and recorded if required.

19. Signatures

Owner:

Signature: __________________________
Name: [Full Name]
Title, if applicable: [Title]
Date: [Date]

Additional Responsible Party, if applicable:

Signature: __________________________
Name: [Full Name]
Title: [Title]
Date: [Date]

Municipality / County / Authority:

Signature: __________________________
Name: [Full Name]
Title: [Title]
Date: [Date]

20. Notary Acknowledgment

State of [State]
County of [County]

On this [Day] day of [Month], [Year], before me, the undersigned notary public, personally appeared [Name of Signer], known to me or satisfactorily proven to be the person whose name is subscribed to this document, and acknowledged that they executed it for the purposes stated herein.

Notary Public Signature: __________________________
Printed Name: [Notary Name]
My Commission Expires: [Date]
Notary Seal: __________________________

21. Optional Attachment List

☐ Exhibit A – Legal Description
☐ Exhibit B – Stormwater Facility Location Map
☐ Exhibit C – Approved Operations and Maintenance Plan
☐ Exhibit D – Inspection and Maintenance Log Form
☐ Exhibit E – Easement Description
☐ Other: [Describe]