District committee reviews drainage easement for CDC parking expansion; revised clause would let district terminate for erosion

The Mill Creek Township School District finance and operations committee reviewed a proposed drain easement requested by a local child-development center (CDC) that wants to expand parking at the former Asbury Elementary site. The expansion would require stormwater retention and will result in runoff that ultimately flows onto district property.

Staff advised the committee the easement is contingent on township approval and noted the CDC must meet township sedimentation and erosion controls. A staff-drafted redline clause would require the CDC to cure any erosion or damage to district property within 30 days of notice; failing that, the district could terminate the easement, repair the damage, and seek indemnification including a 10% penalty to cover legal costs and provide an incentive to comply.

A staff member described the clause: “If they fail to do that, we would automatically terminate the easement,” and added that the district would have the option to repair and seek indemnification. Committee members discussed whether underground piping or a swale would be used on different sides of the property and clarified the easement would allow stormwater to flow from the CDC property onto district land, rather than directly discharging to a municipal storm system.

Committee members asked whether the CDC had seen the revised clause; staff said the version discussed at the meeting had not yet been agreed to by the CDC and that final language would be included when the item goes to the board later in the month.

The committee approved moving the easement agreement to the full board with the updated clause to be included in the end-of-month packet. The action in committee is contingent on township approval of the CDC’s stormwater plan.

No final easement was executed at the meeting; final approval depends on agreement language and township permits.