"UNDER AND SUBJECT, nevertheless,
to the following conditions and restrictions: Prior to the construction
of a dwelling or any other earthmoving activities, grantee shall construct
the permanent stormwater management facilities as shown on the stormwater
management plan filed with the final plan, prepared by ____________,
a professional engineer licensed in the Commonwealth of Pennsylvania,
dated ____________ and last revised ______________, and approved by
the Caln Township Board of Commissioners; thereafter, the grantee,
his/her/their heirs, executors, administrators, successors and assigns
(the "owner"), at his/her/their sole cost and expense, shall maintain,
repair, restore and replace, as necessary, said stormwater management
facilities on the lot in accordance with said final plan, so that
the facilities shall at all times continue to operate and function
in the same manner and capacity as they were designed. No on-lot stormwater
facilities approved as part of the final plan shall be removed or
altered in any manner by the owner without the expressed prior written
approval of the Caln Township Board of Commissioners. In the event
of the failure of the owner to comply with these conditions and restrictions,
Caln Township shall have the right, but not the obligation, to cause
said stormwater management facilities to be maintained, repaired,
restored or replaced, as necessary, and the costs thereof shall be
assessed to the owner; said assessment shall also be a charge and
may be filed as a lien upon the property herein, which shall remain
of record until paid in full. Caln Township, before it may exercise
this right, shall notify the owner, by certified mail or overnight
delivery service with positive tracking, of its intention to take
the aforenoted action (the "notice"). The notice shall set forth in
what manner the owner has neglected the maintenance, repair, replacement
and/or restoration of the stormwater management facilities and, if
the owner fails to correct or repair the deficiencies designated in
the notice from Caln Township within the time specified in the notice,
then, in such event, Caln Township shall exercise this right. In addition
to filing a lien against the property, Caln Township shall have the
right to pursue any other remedies, at law or in equity, against the
owner."
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