Common use of Drainage Design Clause in Contracts

Drainage Design. 4.8.1 The Developer shall provide a drainage system which will not increase, alter or affect the flow of surface waters, nor contribute to same, so as to damage, flood or adversely affect any property, either upstream or downstream of the Subdivision. The Developer shall also provide to the City the formal written opinion of a certified and licensed professional engineer certifying, as a professional engineer, that he has reviewed the entire watershed within which the subdivision is located and that upon full development at the greatest allowable use density, under existing zoning of all land within the watershed, the Subdivision will not increase, alter or affect the flow of surface waters, nor contribute to same, so as to damage, flood or adversely affect any property, either upstream or downstream of the Subdivision. Further, the Developer agrees to hold harmless and to defend the City and the City Engineer from any claim, cause of action or liability, alleged and/or proven, to have arisen directly or indirectly from alteration affecting the surface water by reason of the Developer’s design, construction, installation or the development itself, in whole or part. The aforesaid indemnity agreement includes, without limitation, the reasonable expenses of the City incurred in defending itself against any matter covered by such indemnity agreement, including attorney fees and expenses of litigation. 4.8.2 The Developer agrees that it will provide necessary erosion control, such as seeding for gentle slopes (4 to 1 or less), grass sod for steeper slopes, with special grading and terracing, to the specifications of the City Engineer. All freshly excavated and embankment areas not covered with satisfactory vegetation shall be fertilized, mulched and seeded and/or sodded as required by the City Engineer to prevent erosion. In the event the City Engineer determines that necessary erosion control is not being provided by the Developer, the proper governing authority shall officially notify the Developer of the problem. If the Developer has not corrected the problem within 7 days after the notice, then the proper governing authority shall make the necessary improvement to eliminate the erosion problem, documenting all expenses incurred while performing the work. Prior to releasing any Security hereunder, all expenses incurred by the governing authority relative to the foregoing shall be paid in full by the Developer plus interest thereon at the rate of ten percent (10%) per annum. 4.8.3 Any and all unenclosed watercourses lying partially or wholly within the boundary of the Subdivision Site shall be constructed to an adequate cross section to provide design flow without threat of erosion or flooding of any property within the Subdivision Site or any adjoining property. Such watercourses shall be lined in a manner satisfactory to the City Engineer and any other agencies which may have jurisdiction. 4.8.4 All buildings in the Subdivision will be constructed so as to be safe from flooding in the event of a 100 year flood. As a minimum, the finished floor elevation of all buildings shall be 1’ above the 100-year flood elevation as established by the Federal Emergency Management Agency for the City of Millington. 4.8.5 The Developer understands and agrees that neither the City in its proprietary function nor the City Engineer in the performance of his professional responsibilities are vested with the original design responsibility or the means to formally survey elevations or the locations of drainage improvements at every state of the construction process, and that, therefore, the ultimate responsibility for compliance with all Subdivision Regulations, approved plans and specifications and Agreement provisions rests with the Developer. 4.8.6 The Developer shall pay the cost of all engineering, inspection, and laboratory testing incident to the drainage system of the Subdivision.

Drainage Design. 4.8.1 The Developer shall provide a drainage system which will not increase, alter or affect the flow of surface waters, nor contribute to same, so as to damage, flood or adversely affect any property, either upstream or downstream of the SubdivisionSite Plan. The Developer shall also provide to the City the formal written opinion of a certified and licensed professional engineer certifying, as a professional engineer, that he has reviewed the entire watershed within which the subdivision Site Plan is located and that upon full development at the greatest allowable use density, under existing zoning of all land within the watershed, the Subdivision Site Plan will not increase, alter or affect the flow of surface waters, nor contribute to same, so as to damage, flood or adversely affect any property, either upstream or downstream of the SubdivisionSite Plan. Further, the Developer agrees to hold harmless and to defend the City and the City Engineer from any claim, cause of action or liability, alleged and/or proven, to have arisen directly or indirectly from alteration affecting the surface water by reason of the Developer’s design, construction, installation or the development itself, in whole or part. The aforesaid indemnity agreement includes, without limitation, the reasonable expenses of the City incurred in defending itself against any matter covered by such indemnity agreement, including attorney fees and expenses of litigation. 4.8.2 The Developer agrees that it will provide necessary erosion control, such as seeding for gentle slopes (4 to 1 or less), grass sod for steeper slopes, with special grading and terracing, to the specifications of the City Engineer. All freshly excavated and embankment areas not covered with satisfactory vegetation shall be fertilized, mulched and seeded and/or sodded as required by the City Engineer to prevent erosion. In the event the City Engineer determines that necessary erosion control is not being provided by the Developer, the proper governing authority shall officially notify the Developer of the problem. If the Developer has not corrected the problem within 7 days after the notice, then the proper governing authority shall make the necessary improvement to eliminate the erosion problem, documenting all expenses incurred while performing the work. Prior to releasing any Security hereunder, all expenses incurred by the governing authority relative to the foregoing shall be paid in full by the Developer plus interest thereon at the rate of ten percent (10%) per annum. 4.8.3 Any and all unenclosed watercourses lying partially or wholly within the boundary of the Subdivision Site Plan Site shall be constructed to an adequate cross section to provide design flow without threat of erosion or flooding of any property within the Subdivision Site Plan Site or any adjoining property. Such watercourses shall be lined in a manner satisfactory to the City Engineer and any other agencies which may have jurisdiction. 4.8.4 All buildings in the Subdivision Site Plan will be constructed so as to be safe from flooding in the event of a 100 year flood. As a minimum, the finished floor elevation of all buildings shall be 1’ above the 100-year flood elevation as established by the Federal Emergency Management Agency for the City of Millington. 4.8.5 The Developer understands and agrees that neither the City in its proprietary function nor the City Engineer in the performance of his professional responsibilities are vested with the original design responsibility or the means to formally survey elevations or the locations of drainage improvements at every state of the construction process, and that, therefore, the ultimate responsibility for compliance with all Subdivision Site Plan Regulations, approved plans and specifications and Agreement provisions rests with the Developer. 4.8.6 The Developer shall pay the cost of all engineering, inspection, and laboratory testing incident to the drainage system of the SubdivisionSite Plan.

Drainage Design. 4.8.1 The Developer shall provide a drainage system which will not increase, alter or affect the flow of surface waters, nor contribute to same, so as to damage, flood or adversely affect any property, either upstream or downstream of the Subdivision. The Developer shall also provide to the City the formal written opinion of a certified and licensed professional engineer certifying, as a professional engineer, that he has reviewed the entire watershed within which the subdivision is located and that upon full development at the greatest allowable use density, under existing zoning of all land within the watershed, the Subdivision will not increase, alter or affect the flow of surface waters, nor contribute to same, so as to damage, flood or adversely affect any property, either upstream or downstream of the Subdivision. Further, the Developer agrees to hold harmless and to defend the City and the City Engineer from any claim, cause of action or liability, alleged and/or proven, to have arisen directly or indirectly from alteration affecting the surface water by reason of the Developer’s design, construction, installation or the development itself, in whole or part. The aforesaid indemnity agreement includes, without limitation, the reasonable expenses of the City incurred in defending itself against any matter covered by such indemnity agreement, including attorney fees and expenses of litigation. 4.8.2 The Developer agrees that it will provide necessary erosion control, such as seeding for gentle slopes (4 to 1 or less), grass sod for steeper slopes, with special grading and terracing, to the specifications of the City Engineer. All freshly excavated and embankment areas not covered with satisfactory vegetation shall be fertilized, mulched and seeded and/or sodded as required by the City Engineer to prevent erosion. In the event the City Engineer determines that necessary erosion control is not being provided by the Developer, the proper governing authority shall officially notify the Developer of the problem. If the Developer has not corrected the problem within 7 days after the notice, then the proper governing authority shall make the necessary improvement to eliminate the erosion problem, documenting all expenses incurred while performing the work. Prior to releasing any Security hereunder, all expenses incurred by the governing authority relative to the foregoing shall be paid in full by the Developer plus interest thereon at the rate of ten percent (10%) per annum. 4.8.3 Any and all unenclosed watercourses lying partially or wholly within the boundary of the Subdivision Site shall be constructed to an adequate cross section to provide design flow without threat of erosion or flooding of any property within the Subdivision Site or any adjoining property. Such watercourses shall be lined in a manner satisfactory to the City Engineer and any other agencies which may have jurisdiction. 4.8.4 All buildings in the Subdivision will be constructed so as to be safe from flooding in the event of a 100 100-year flood. As a minimum, the finished floor elevation of all buildings shall be 1’ above the 100-year flood elevation as established by the Federal Emergency Management Agency for the City of Millington. 4.8.5 The Developer understands and agrees that neither the City in its proprietary function nor the City Engineer in the performance of his professional responsibilities are vested with the original design responsibility or the means to formally survey elevations or the locations of drainage improvements at every state of the construction process, and that, therefore, the ultimate responsibility for compliance with all Subdivision Regulations, approved plans and specifications and Agreement provisions rests with the Developer. 4.8.6 The Developer shall pay the cost of all engineering, inspection, and laboratory testing incident to the drainage system of the Subdivision.

Drainage Design. 4.8.1 The Developer shall provide a drainage system which will not increase, alter or affect the flow of surface waters, nor contribute to same, so as to damage, flood or adversely affect any property, either upstream or downstream of the SubdivisionProject. The Developer shall also provide to the City the formal written opinion of a certified and licensed professional engineer certifying, as a professional engineer, that he has reviewed the entire watershed within which the subdivision Project is located and that upon full development at the greatest allowable use density, under existing zoning of all land within the watershed, the Subdivision Project will not increase, alter or affect the flow of surface waters, nor contribute to same, so as to damage, flood or adversely affect any property, either upstream or downstream of the SubdivisionProject. Further, the Developer agrees to hold harmless and to defend the City and the City Engineer from any claim, cause of action or liability, alleged and/or proven, to have arisen directly or indirectly from alteration affecting the surface water by reason of the Developer’s design, construction, installation or the development Project itself, in whole or part. The aforesaid indemnity agreement includes, without limitation, the reasonable expenses of the City incurred in defending itself against any matter covered by such indemnity agreement, including attorney fees and expenses of litigation. 4.8.2 The Developer agrees that it will provide necessary erosion control, such as seeding for gentle slopes (4 to 1 or less), grass sod for steeper slopes, with special grading and terracing, to the specifications of the City Engineer. All freshly excavated and embankment areas not covered with satisfactory vegetation shall be fertilized, mulched and seeded and/or sodded as required by the City Engineer to prevent erosion. In the event the City Engineer determines that necessary erosion control is not being provided by the Developer, the proper governing authority shall officially notify the Developer of the problem. If the Developer has not corrected the problem within 7 days after the notice, then the proper governing authority shall make the necessary improvement to eliminate the erosion problem, documenting all expenses incurred while performing the work. Prior to releasing any Security hereunder, all expenses incurred by the governing authority relative to the foregoing shall be paid in full by the Developer plus interest thereon at the rate of ten percent (10%) per annum. 4.8.3 Any and all unenclosed watercourses lying partially or wholly within the boundary of the Subdivision Project Site shall be constructed to an adequate cross section to provide design flow without threat of erosion or flooding of any property within the Subdivision Project Site or any adjoining property. Such watercourses shall be lined in a manner satisfactory to the City Engineer and any other agencies which may have jurisdiction. 4.8.4 All buildings and structures in the Subdivision Project will be constructed so as to be safe from flooding in the event of a 100 year flood. As a minimum, the finished floor elevation of all buildings houses shall be 1’ above the 100-year flood elevation as established by the Federal Emergency Management Agency for the City of Millington. 4.8.5 The Developer understands and agrees that neither the City in its proprietary function nor the City Engineer in the performance of his professional responsibilities are vested with the original design responsibility or the means to formally survey elevations or the locations of drainage improvements at every state of the construction process, and that, therefore, the ultimate responsibility for compliance with all Subdivision Regulations, approved plans and specifications and Agreement provisions rests with the Developer. 4.8.6 The Developer shall pay the cost of all engineering, inspection, and laboratory testing incident to the drainage system of the SubdivisionProject.