Common use of Drainage System Clause in Contracts

Drainage System. 10.8.1 All stormwater runoff, treatment and drainage system improvements within the Property will be designed in accordance with the South Carolina Stormwater Management and Sediment Reduction Act as regulated by the South Carolina Department of Environmental Control (“DHEC”) and the regulations promulgated thereunder. All stormwater runoff, treatment and drainage system improvements for the Property shall be constructed by Owner or an Association. The Town will not be responsible for any construction or maintenance cost associated with the stormwater runoff, treatment and drainage system within the Property. 10.8.2 Protection of the quality in nearby waters and wetlands is a primary goal of the Town. The Owner shall be required to abide by all provisions of federal and state laws and regulations, including those established by the Department of Health and Environmental Control, the Office of Ocean and Coastal Resource Management, and their successors for the handling of stormwater. Further provisions regarding storm water are included within the PD for this Property. The Property will be subject to any future storm water regulations in the same manner as are applied Town-wide. 10.8.3 All drainage systems constructed within the Property shall be owned and maintained by one (1) or more Association(s) which may be established for various portions of the Property and the Town shall have no responsibility for the construction, operation or maintenance of such systems, except any portion of any storm drainage system which is expressly dedicated to and accepted by the Town. The Town shall have the right, but not the obligation, to enter upon any portion of the Property for the purpose of repairing or resolving any failure of maintenance or repair by any such Association or any other party with respect to any storm drainage facility maintained by such Association or party, (i) in an emergency situation, without notice to such Association or party, and (ii) in all other circumstances, after giving notice to such Association or other party and failure of the same to promptly repair or resolve such situation. In the event the Town undertakes any such repair or resolution, such Association or other party shall pay to the Town all out-of-pocket costs and a reasonable fee for all internal staff and materials expenses incurred by the Town in connection therewith.