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HomeMy WebLinkAboutL_Covenant_Maple_Highlands_Lot01_230731_v2Page 1 of ___ Return Address: City Clerk’s Office City of Renton 1055 S Grady Way Renton, WA 98057 DECLARATION OF COVENANT FOR INSPECTION AND MAINTENANCE OF DRAINAGE FACILITIES AND ON-SITE BMPS Grantor: Grantee: City of Renton, a Washington municipal corporation Legal Description: Assessor's Tax Parcel ID#: IN CONSIDERATION of the approved City of Renton (check one of the following) Residential Building Permit Commercial Building Permit Clearing and Grading Permit Civil Construction or Utility Permit for Permit(s)_____________________ (Construction/Building/Utility Permit #) relating to the real property ("Property") described above, the Grantor(s), the owner(s) in fee of that Property, hereby covenants (covenant) with the City of Renton (“City of Renton” or “City”), a municipal corporation of the state of Washington, that he/she (they) will observe, consent to, and abide by the conditions and obligations set forth and described in Paragraphs 1 through 9 below with regard to the Property, and hereby grants (grant) an easement as described in Paragraphs 2 and 3. Grantor(s) hereby grants (grant), covenants (covenant), and agrees (agree) as follows: 1.The Grantor(s) or his/her (their) successors in interest and assigns ("Owners ") shall at their own cost, operate, maintain, and keep in good repair, the Property's drainage facilities constructed as required in the approved construction plans and specifications __________________ (Project Plan #) on file with the City of Renton and submitted to the City of Renton for the review and approval of permit(s) _____________________________ (Construction/Building/Utility Permit #). The Property's drainage facilities are shown and/or listed on Exhibit A – Site Plan. The Property’s drainage facilities shall be maintained in compliance with the operation and maintenance schedule included and attached herein as Exhibit B – Operations and Maintenance. Drainage facilities include pipes, channels, flow control facilities, water quality facilities, on-site best management practices (BMPs) and other engineered structures designed to manage and/or Page 2 of ___ treat stormwater on the Property. On-site BMPs include dispersion and infiltration devices, bioretention, permeable pavements, rainwater harvesting systems, tree retention credit, reduced impervious surface footprint, vegetated roofs and other measures designed to mimic pre-developed hydrology and minimize stormwater runoff on the Property. 2.City of Renton shall have the right to ingress and egress over those portions of the Property necessary to perform inspections of the stormwater facilities and BMPs and conduct maintenance activities specified in this Declaration of Covenant and in accordance with the Renton Municipal Code. City of Renton shall provide at least thirty (30) days’ written notice to the Owners that entry on the Property is planned for the inspection of drainage facilities. After the thirty (30) days, the Owners shall allow the City of Renton to enter for the sole purpose of inspecting drainage facilities. In lieu of inspection by the City, the Owners may elect to engage a licensed civil engineer registered in the state of Washington who has expertise in drainage to inspect the drainage facilities and provide a written report describing their condition. If the engineer option is chosen, the Owners shall provide written notice to the City of Renton within fifteen (15) days of receiving the City’s notice of inspection. Within thirty (30) days of giving this notice, the Owners, or engineer on behalf of the Owners, shall provide the engineer’s report to the City of Renton. If the report is not provided in a timely manner as specified above, the City of Renton may inspect the drainage facilities without further notice. 3.If City of Renton determines from its inspection, or from an engineer’s report provided in accordance with Paragraph 2, that maintenance, repair, restoration, and/or mitigation work is required to be done to any of the drainage facilities, City of Renton shall notify the Owners of the specific maintenance, repair, restoration, and/or mitigation work (“Work”) required pursuant to the Renton Municipal Code. The City shall also set a reasonable deadline for the Owners to complete the Work, or to provide an engineer’s report that verifies completion of the Work. After the deadline has passed, the Owners shall allow the City access to re-inspect the drainage facilities unless an engineer’s report has been provided verifying completion of the Work. If the Work is not completed within the time frame set by the City, the City may initiate an enforcement action and/or perform the Work and hereby is given access to the Property for such purposes. Written notice will be sent to the Owners stating the City’s intention to perform such Work. This Work will not commence until at least seven (7) days after such notice is mailed. If, within the sole discretion of the City, there exists an imminent or present danger, the seven (7) day notice period will be waived and Work will begin immediately. 4.The Owners shall assume all responsibility for the cost of any Work, or any measures taken by the City to address conditions as described in Paragraph 3. Such responsibility shall include reimbursement to the City within thirty (30) days of the receipt of the invoice for any such Work performed. Overdue payments will require payment of interest at the maximum legal rate allowed by RCW 19.52.020 (currently twelve percent (12%)). If the City initiates legal action to enforce this agreement, the prevailing party in such action is entitled to recover reasonable litigation costs and attorney’s fees. 5.The Owners are required to obtain written approval from City of Renton prior to filling, piping, cutting, or removing vegetation (except in routine landscape maintenance) in open vegetated stormwater facilities (such as swales, channels, ditches, ponds, etc.), or performing any alterations or modifications to the drainage facilities referenced in this Declaration of Covenant. 0 GRAPHIC SCALE 453015 1 INCH = 30 FT. MAINTENANCE INSTRUCTIONS FOR BASIC DISPERSION Your property contains an on-site BMP (best management practice) called “basic dispersion,” which was installed to mitigate the stormwater quantity and quality impacts of some or all of the impervious surfaces or non-native pervious surfaces on your property. Basic dispersion is a strategy for utilizing any available capacity of onsite vegetated areas to retain, absorb, and filter the runoff from developed surfaces. This on-site BMP has two primary components that must be maintained: (1) The devices that disperse runoff from the developed surfaces and (2) The vegetated area over which runoff is dispersed. Dispersion Devices The dispersion devices used on your property include the following as indicated on the site plan (CHECK THE BOX(ES) THAT APPLY): ‰splash blocks, ‰ rock pads, ‰gravel filled trenches, ‰sheet flow. MAINTENANCE RESTRICTIONS The size, placement, composition, and downstream flowpaths of these devices as depicted by the site plan and design details must be maintained and may not be changed without written approval from the City of Renton or through a future development permit from the City of Renton. INSPECTION FREQUENCY AND MAINTENANCE GUIDELINES This on-site BMP has two primary components that must be maintained per Appendix A of the City of Renton’s Surface Water Design Manual: (1) The devices that disperse runoff from the developed surfaces and (2) The vegetated flowpath area over which runoff is dispersed. Maintenance of Dispersion Devices x Dispersion devices must be inspected annually and after major storm events to identify and repair any physical defects. x When native soil is exposed or erosion channels are present, the sources of the erosion or concentrated flow need to be identified and mitigated. x Concentrated flow can be mitigated by leveling the edge of the pervious area and/or realigning or replenishing the rocks in the dispersion device, such as in rock pads and gravel filled trenches. Maintenance of Vegetated Flowpaths x The vegetated area over which runoff is dispersed must be maintained in good condition free of bare spots and obstructions that would concentrate flows. EXHIBIT B X MAINTENANCE INSTRUCTIONS FOR A PERFORATED PIPE CONNECTION Your property contains an on-site BMP (best management practice) called a “perforated pipe connection,” which was installed to reduce the stormwater runoff impacts of some or all of the impervious surface on your property. A perforated pipe connection is a length of drainage conveyance pipe with holes in the bottom, designed to “leak” runoff, conveyed by the pipe, into a gravel filled trench where it can be soaked into the surrounding soil. The connection is intended to provide opportunity for infiltration of any runoff that is being conveyed from an impervious surface (usually a roof) to a local drainage system such as a ditch or roadway pipe system. This on-site BMP shall be maintained per Appendix A of the City of Renton’s Surface Water Design Manual. MAINTENANCE RESTRICTIONS • The size and composition of the perforated pipe connection as depicted by the site plan and design details must be maintained and may not be changed without written approval from the City of Renton or through a future development permit from the City of Renton. • The soil overtop of the perforated portion of the system must not be compacted or covered with impervious materials. RECORDING REQUIREMENT These perforated pipe connection on-site BMP maintenance and operation instructions must be recorded as an attachment to the required declaration of covenant and grant of easement per Requirement 3 of Section C.1.3.4 of the City of Renton Surface Water Design Manual. The intent of these instructions is to explain to future property owners, the purpose of the BMP and how it must be maintained and operated. These instructions are intended to be a minimum; the City of Renton may require additional instructions based on site-specific conditions. See the City of Renton’s Surface Water Design Manual website for additional information and updates. TYPICAL PERFORATED PIPE CONNECTION FOR A SINGLE FAMILY RESIDENCE MAINTENANCE INSTRUCTIONS FOR REDUCED IMPERVIOUS SURFACE BMP: RESTRICTED FOOTPRINT Your property contains an on-site BMP (best management practice) known as “restricted footprint,” the practice of restricting the amount of impervious surface that may be added to a property so as to minimize the stormwater runoff impacts caused by impervious surface. MAINTENANCE RESTRICTIONS The total impervious surface on your property may not exceed ___________ square feet without written approval from the City of Renton or through a future development permit from the City of Renton. RECORDING REQUIREMENT These reduced impervious surface on-site BMP maintenance and operation instructions must be recorded as an attachment to the required declaration of covenant and grant of easement per Requirement 3 of Section C.1.3.4 of the City of Renton Surface Water Design Manual. The intent of these instructions is to explain to future property owners, the purpose of the BMP and how it must be maintained and operated. These instructions are intended to be a minimum; the City of Renton may require additional instructions based on site-specific conditions. See the City of Renton’s Surface Water Design Manual website for additional information and updates. MAINTENANCE INSTRUCTIONS FOR SOIL AMENDMENT Your property contains an on-site BMP (best management practice) called “soil amendment,” which was installed to mitigate the stormwater quantity and quality impacts of some or all of the pervious surfaces on your property. Soil amendment is a method of regaining greater stormwater functions in the post development landscape by increasing treatment of pollutants and sediments, and minimizing the need for some landscaping chemicals. To be successful, the soil condition must be able to soak water into the ground for a reasonable number of years. This on-site BMP shall be maintained per Appendix A of the City of Renton’s Surface Water Design Manual. MAINTENANCE RESTRICTIONS The size, placement, and composition of these devices as depicted by the site plan and design details must be maintained and may not be changed without written approval from the City of Renton or through a future development permit from the City of Renton. INSPECTION FREQUENCY AND MAINTENANCE GUIDELINES To be successful, the soil must be able to soak water into the ground for a reasonable number of years. • Return leaf fall and shredded woody materials from the landscape to the site when possible in order to replenish soil nutrients and structure. • On turf areas, “grasscycle” (mulch-mow or leave the clippings) to build turf health. • Maintain 2 to 3 inches of mulch over bare areas in landscape beds. • Re-seed bare turf areas until the vegetation fully covers the ground surface. • Avoid using pesticides (bug and weed killers) which damage the soil. • Where fertilization is needed (mainly turf and annual flower beds), a moderate fertilization program should be used which relies on compost, natural fertilizers, or slow-release synthetic balanced fertilizers. RECORDING REQUIREMENT These on-site BMP maintenance and operation instructions must be recorded as an attachment to the required declaration of covenant and grant of easement per Requirement 3 of Section C.1.3.4 of the City of Renton Surface Water Design Manual. The intent of these instructions is to explain to future property owners, the purpose of the BMP and how it must be maintained and operated. These instructions are intended to be a minimum; the City of Renton may require additional instructions based on site-specific conditions. See the City of Renton’s Surface Water Design Manual website for additional information and updates.