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HomeMy WebLinkAboutBuilding A - Facilityand on-site BMP covenant Page 1 of 3 Return Address: City Clerk’s Office City of Renton 1055 S Grady Way Renton, WA 98057 DECLARATION OF COVENANT AND EASEMENT FOR INSPECTION AND MAINTENANCE OF DRAINAGE FACILITIES AND ON-SITE BMPS Grantor: Grantee: City of Renton 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, subdivision permit, or short subdivision permit for application file No. LUA/SWP_______________________ 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, a political subdivision 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 __________ on file with the City of Renton and submitted to the City of Renton for the review and approval of permit(s) _____________________________. The property's drainage facilities are shown and/or listed on Exhibit A. The property’s drainage facilities shall be maintained in compliance with the operation and maintenance schedule included and attached herein as Exhibit B. 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 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 30 days written notice to the Owners that entry on the Property is Page 2 of 3 planned for the inspection of drainage facilities. After the 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 days of receiving the City’s notice of inspection. Within 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 required maintenance, repair, restoration, and/or mitigation 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 maintenance and/or repair work will begin immediately. 4. The Owners shall assume all responsibility for the cost of any maintenance, repair 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. 6. Any notice or consent required to be given or otherwise provided for by the provisions of this Agreement shall be effective upon personal delivery, or three (3) days after mailing by Certified Mail, return receipt requested. 7. With regard to the matters addressed herein, this agreement constitutes the entire agreement between the parties, and supersedes all prior discussions, negotiations, and all agreements whatsoever whether oral or written. 8. This Declaration of Covenant is intended to protect the value and desirability and promote efficient and effective management of surface water drainage of the real property described above, and shall inure to the benefit of all the citizens of the City of Renton and its successors and assigns. This Page 3 of 3 Declaration of Covenant shall run with the land and be binding upon Grantor(s), and Grantor's(s') successors in interest, and assigns. 9. This Declaration of Covenant may be terminated by execution of a written agreement by the Owners and the City that is recorded by King County in its real property records. IN WITNESS WHEREOF, this Declaration of Covenant for the Inspection and Maintenance of Drainage Facilities is executed this _____ day of ____________________, 20_____. GRANTOR, owner of the Property GRANTOR, owner of the Property STATE OF WASHINGTON ) COUNTY OF KING )ss. On this day personally appeared before me: , to me known to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein stated. Given under my hand and official seal this _____ day of ____________________, 20_____. Printed name Notary Public in and for the State of Washington, residing at My appointment expires EXHIBIT A - SITE PLAN MAINTENANCE INSTRUCTIONS FOR A BIORETENTION CELL Your property contains an on-site BMP (best management practice) called “bioretention,” which was installed to mitigate the stormwater quantity and quality impacts on both the impervious (paved or roof) and pervious surfaces (lawn or landscape) on your property. Bioretention cells, like rain gardens, are vegetated closed depressions or ponds that retain and filter stormwater from an area of impervious surface or nonnative pervious surface. Bioretention cells rely on effective infiltration performance more so than rain gardens. The soil in the bioretention cell has been enhanced to encourage and support vigorous plant growth that serves to filter the water and sustain a minimum infiltration capacity. Depending on soil conditions, bioretention cells may have water in them throughout the wet season and may overflow during major storm events. However, standing water can also be an indicator that periodic maintenance is required to sustain infiltrative performance. 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 design of the rain garden 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. Chemical fertilizers and pesticides must not be used. INSPECTION FREQUENCY AND MAINTENANCE GUIDELINES • Bioretention cells must be inspected annually for physical defects and sediment accumulation. • Bioretention cells have inflow and overflow inlets and outlets. These need to be maintained to ensure that water is moving into and out of the bioretention area. Check inlets/outlets for debris/sediment blockage, bare spots (exposed soil), or other signs of erosion damage (soil movement). Remove debris and obstructions as necessary. • After major storm events, the bioretention cell should be checked to see that the overflow system is working properly and sedimentation is not occurring at the inlet. If erosion damage or bare spots are evident, they should be stabilized with soil, plant material, mulch, or landscape rock. Sediment deposits should be carefully removed and the sediment source eliminated. • Plants must be adapted to wet winter conditions and dry summer conditions. Vegetation is to be watered and pruned as needed. • Frequent watering is required to keep the plants healthy: o Year 1: weekly, o Year 2: bimonthly, o Year 3: bimonthly, o Year 4 and beyond: as needed for established plantings and dry periods. • Chemical fertilizers and pesticides must not be used. • Bioretention soil must be replaced in areas where sediment accumulation is preventing adequate infiltration of water through the soil. EXHIBIT B - OPERATIONS AND MAINTENANCE • Compacted soil should be decompacted. • Trash and debris must be removed often from the bioretention depression. • Mulch must be applied to bare soil at a minimum of 2 inches to maintain healthy growth. • Compost may be added if soil nutrients are no longer adequate to support plant growth. • Plant materials may be changed to suit tastes. • Vegetation should be maintained as follows: 1) Replace all dead vegetation as soon as possible; 2) Remove fallen leaves and debris as needed; 3) Remove all noxious vegetation when discovered; 4) Manually weed without herbicides or pesticides; 5) To protect infiltration performance, do not compact soils in the bioretention cell with heavy maintenance equipment and/or excessive foot traffic; 6) During drought conditions, use mulch to prevent excess solar damage and water loss. RECORDING REQUIREMENT These bioretention 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 BIORETENTION CELL (SPILLWAY OR CATCH BASIN OUTLET) TREES, SHRUBS GROUND COVER BIORETENTION AREA PLAN VIEW NTS VEGETATEDCOMPACTEDEARTH BERM ROCKED SPILLWAY, 2'Wx4'L (OR BEYOND BERM IF LONGER), OVERFLOW TOSUITABLE DISCHARGE AREA TREES, SHRUBS GROUND COVER BIORETENTION AREA PLAN VIEW NTS VEGETATED COMPACTED EARTH BERM, TOP WIDTH2' MIN 4" RIGID PIPE OUTLET TO STORM SYSTEM CATCH BASINw/GRATE SECTION A-ANTS BIORETENTION AREA GROUNDCOVER TREES TREES SHRUBS 6" MIN TO 12" MAX WATER DEPTH OVERFLOW TO SUITABLE SURFACEDISCHARGE AREA 2' MIN TOP WIDTH COMPACTED EARTHBERM (AS NEEDED) 6" MIN FREEBOARD ABOVE OVERFLOW WS TO TOP OF BERM OR ADJACENT ROADWAY BIORETENTIONSOIL MIX PERREFERENCE 11-C, MIN.18" DEPTH MAX SLOPE 3H:1V BELOW OVERFLOW WATERSURFACE ELEVATION (TYP.)