Drainage Improvements Clause Examples
The Drainage Improvements clause outlines the requirements and responsibilities for enhancing or modifying drainage systems within a project area. It typically specifies the standards to be met, the scope of work involved—such as installing new drains, upgrading existing infrastructure, or ensuring proper water runoff management—and may detail timelines or coordination with local authorities. This clause ensures that water management is adequately addressed, preventing flooding, erosion, or water damage, and thereby protects both the property and surrounding environment.
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Drainage Improvements.Ěý(a) Drainage improvements for the Subdivision shall be constructed by Subdivider and, at the minimum, in accordance with plans and specifications approved by the Town and in accordance with the minimum requirements for storm drainage facilities as have been established by the sanitation district serving the property. All storm drainage facilities shall be so designed and constructed by the Subdivider as to protect downstream and adjacent properties against injury and adequately serve the Subdivision. No overlot grading shall be initiated by Subdivider until the Town issues written approval of utility plans.
(b) Drainage improvements shall be completed and granted conditional acceptance by the Town prior to the issuance of more than five (5) building permits. Completion of the improvements shall include the certification by a licensed professional engineer that the drainage facilities which serve the development have been constructed in conformance with said approved plans. Any deviation from the approved plans shall be the responsibility of the Subdivider to correct. Said certification shall be submitted to the Town at least two (2) weeks prior to the date of issuance for any subsequent building permit.
(c) Drainage improvements for each lot shall be constructed by the Subdivider, at the minimum, in accordance with plans approved at the time of Plat approval. Said plans shall conform to the Town's then existing flood plain regulations. Subdivider shall furnish copies of approved plans to subsequent purchasers (other than homeowners) of lots. Any changes from the approved plans with respect to grade elevation or storm drainage facility configuration that occur as a result of the construction of houses and or other development of lots, whether by the Subdivider or other parties, shall require the approval of the Town. The Town may withhold the issuance of building permits and certificates of occupancy until the Town has approved such changes as being acceptable for the safe and efficient delivery of storm drainage water.
(d) The Subdivider shall pay any storm drainage basin fees as applicable.
Drainage Improvements.ĚýBuyer acknowledges that Company has engineered and designed, and is in the process of installing, certain drainage improvements under and across the Leased Real Property, the Shared Space and adjacent roadways (collectively, the “Propertiesâ€�) for the drainage into the Calcasieu River of surface waters accumulating on the Shared Space and the Leased Real Property. Said improvements include, without limitation, aboveground and underground pipes, storm drains and retention ponds on, across and under the Properties (collectively, the “Company Drainage Improvementsâ€�). The Company’s development of the Leased Real Property and the Company’s and Parent’s development of the Shared Space will create incidental increased drainage from the L’Auberge Lake Xxxxxxx property which would flow into the Company Drainage Improvements. Prior to the Closing, Buyer shall not unreasonably withhold its consent to the Company’s recordation of a perpetual servitude for the benefit of PNK (Lake Xxxxxxx), L.L.C. and its successors and assigns to allow for its/their continued use of the Company Drainage Improvements in a form reasonably acceptable to Buyer and Parent (the â€�Drainage Servitudeâ€�). The costs associated with the creation of the Drainage Servitude and the maintenance, repair and replacement of the sections of the Company Drainage Improvements which primarily benefit the Shared Space shall be shared equally by the Company and Parent. After the Closing, Buyer agrees to cause the Company to record said Drainage Servitude. The Drainage Servitude will include a duty on the part of the Company and PNK (LAKE XXXXXXX), L.L.C. to cooperate with respect to the construction of similar improvements on the Leased Real Property and/or the L’Auberge Lake Xxxxxxx property in the future necessitated by future improvements to the respective Properties and the L’Auberge Lake Xxxxxxx property including the filing of a perpetual servitude in connection therewith as provided herein for the benefit of the Leased Real Property. The Drainage Servitude will include a consent by the Company, in its capacity as the tenant under the Ground Lease, to the granting of the Drainage Servitude on, over, under or across the Leased Real Property and a subordination of the Ground Lease to the Drainage Servitude. The Drainage Servitude will also include consents by the Company and PNK (LAKE XXXXXXX), L.L.C., in their capacities as co-lessees of the Shared Space, to the granting of the Drainage Servitude on, over,...
Drainage Improvements.ĚýThe distribution of costs between the City and the Developer for drainage improvements are as follows: Storm Drainage Facilities $43,170.00 $43,170.00 $0.00
Drainage Improvements.ĚýPursuant to subsection 17.15.140(E) of the Fruita Municipal Code and conditions imposed by the City Council, the Developer shall install stormwater and drainage improvements in accordance with the Approved For Construction Drawings signed by the City Engineer. Developer acknowledges that such requirement(s) are roughly proportional to the impacts generated from development of the Property.
Drainage Improvements.Ěý(a) Drainage improvements for the Development shall be constructed by Developer and, at the minimum, in accordance with plans and specifications approved by the Town. All storm drainage facilities shall be so designed and constructed by the Developer as to protect downstream and adjacent properties against injury and adequately serve the Development. No overlot grading shall be initiated by Developer until the Town issues written approval of the overlot grading and erosion control plans.
(b) Erosion control Best Management Practices (BMPs) shall be completed and approved by the Town Engineer prior to commencing any work on the site.
Drainage Improvements.ĚýThe Department will provide state funds to local governments to improve drainage structures within the right of way limits of state roads when the local government undertakes to improve its own drainage system outside the limits of the state road. The Department can realize cost savings because the local government may already have a contractor mobilized or because economies of scale associated with the larger project may result. State funds are used to reimburse the local government for work done to the Department’s drainage system located within the right of way and at the point of connection to the local government’s drainage system.
Drainage Improvements.ĚýAttached to this Agreement as Exhibit G is the â€�Phasing Planâ€� for the Property, which includes applicable requirements for fire access, water and sewer service, and other public facilities. Notwithstanding anything to the contrary in any existing or future rainwater harvesting or low impact development (“L±ő¶Ůâ€�) rules or regulations, development of the Property shall comply with the City's LID requirements up to, but not exceeding, on-site storm water retention of one-half inch notwithstanding that the City’s current ordinances impose a rainwater harvesting regulation and LID regulation of one inch (1â€�) on-site storm water retention. Although the 1984 Plan does not include LID or rainwater harvesting provisions, CDRI has agreed to comply with the City’s LID requirements up to (but not exceeding) on-site storm water retention of one-half inch (1/2â€�) and the City hereby reconfirms the City’s approval of: (i) an exemption from the rainwater harvesting regulations for the CDRI Property; and
Drainage Improvements.ĚýUpon review of the submitted site plan, the City may require detention and water quality measures if the total site disturbance exceeds 1.0 acre.
Drainage Improvements.ĚýSubject to the terms of this Agreement, as a condition of approval to one or more of the Project Approvals, Xxxxxxxxx agrees to construct and offer for dedication to the City those Project storm water drainage improvements to be located within City’s boundaries and required to serve the Project Site (“Drainage Improvementsâ€�). The City shall accept the offer of dedication of the Drainage Improvements, as long as the Drainage Improvements comply with the City’s standards, applicable rules and regulations, and this Agreement. The parties agree that the construction of the Drainage Improvements shall be phased according to a construction schedule determined by Developer, subject to the written approval of the City Manager. City shall not require any improvements to onsite or offsite drainage facilities to address pre-existing deficiencies provided that Developer demonstrates to City’s reasonable satisfaction that impact to downstream facilities are not being exacerbated.
Drainage Improvements.ĚýCertain of the Required Improvements are drainage improvements.
5.15.1 In accordance with Section 16-8-60 of the Land Use Code, the Developer shall retain a registered professional engineer to prepare a drainage study of the Property and to design a drainage system according to generally accepted storm drainage practices. The drainage plan must conform to the City’s flood control regulations, as given in Article XI of the Land Use Code, and must be reviewed and approved in writing by the City Engineer before commencement of construction activities, including overlot grading.
5.15.2 All site drainage, including drainage from roof drains, must be properly detained and diverted to the drainage system approved in the drainage plan before any certificate of occupancy will be issued for the Property.
5.15.3 All drainage improvements within public rights-of-way will be dedicated to the City as Public Improvements. All drainage improvements on private property will be maintained by the Developer, subject to easements to allow the City access in the event that the Developer fails to adequately maintain the drainage facilities.