Loading...
05-0456 Stormwater Agree Revised 050508 001RESIDENTIAL AGREEMENT TO MAINTAIN STORMWATER FACILITIES AND TO IMPLEMENT A POLLUTION SOURCE CONTROL PLAN BY AND BETWEEN TRUMP PLACE HOME OWNER's THEIR HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER "ASSOCIATION") The upkeep and maintenance of stormwater facilities and the implementation of pollution source control best management practices (BMPs) is essential to the protection of water resources. All property owners are expected to conduct business in a manner that promotes environmental protection. This Agreement contains specific provisions with respect to maintenance of stonmwater facilities and use of pollution source control BMPs. LEGAL DESCRIPTION Plat of Trump Place -Tax Parcel Nos. 2 1 724 1 40400, 21724140300, and 21724141600. Whereas, the Home Owner's have constructed improvements including, but not limited to, buildings, pavement, and stormwater facilities on the property described above. In order to further the goals of the Jurisdiction and to ensure the protection and enhancement of water resources, the Jurisdiction and the Home Owner's hereby enter into this Agreement. The responsibilities of each party to this Agreement are identified below. THE HOME OWNER's SHALL: (1) Be aware that the stormwater facilities have been designed to serve the entire community, are located in the designated open space are for the stormwater treatment/detention facilities, and are not to be altered in any way or at any time. (2) Seek the assistance of Jurisdiction Staff or a Licensed Professional Civil Engineer with facilities maintenance questions, and selection and positioning of landscaping adjacent to these facilities and within the easement areas. (3) Implement the system wide stormwater facility maintenance program included herein as Attachment "A". (4) Implement the pollution source control program included herein as Attachment «B„ (5) Maintain a record (in the form of a log book) of steps taken to implement the programs referenced in (1) and (2) above. The log book shall be available for inspection by appointment. The log book shall catalog the action taken, who took it, when it was done, how it was done, and any problems encountered or follow- up actions recommended. Maintenance items ("problems") listed in Attachment "A" shall be inspected as specified in the attached instructions or more often if necessary. The Home Owner's are encouraged to photocopy the individual checklists in Attachment "A" and use them to complete their inspections. These completed checklists would then, in combination, comprise the log book. (6) Submit an annual report to the Jurisdiction regarding implementation of the programs referenced in (1) and (2) above. The report must be submitted on or before May 15 of each calendar year and shall contain, at a minimum, the following: (a) Name, address, and telephone number of the businesses, the persons, or the firms responsible for plan implementation, and the person completing the report. (b) Time period covered by the report. (c) A chronological summary of activities conducted to implement the programs reference in (1) and (2) above. A photocopy of the applicable sections of the log book, with any additional explanation needed, shall normally suffice. For any activities conducted by paid parties, include a copy of the invoice for services. (d) An outline of planned activities for the next year. THE JURISDICTION SHALL: (1) Provide technical assistance to the Home Owner's in support of the facilities operation and maintenance activities conducted pursuant to the maintenance and source control programs. Said assistance shall be provided upon request and as Jurisdiction time and resources permit. (2) Review the annual report and conduct a minimum of one (1) site visit per year to discuss performance and problems with the Home Owner's. (3) Review this agreement with the Home Owner's and modify it as necessary at least once every three (3) years. REMEDIES: (1) If the Jurisdiction determines that maintenance or repair work is required to be done to the stormwater facilities located in the subdivision, the Jurisdiction shall give the Home Owner's Association notice of the specific maintenance and/or repair required. The Jurisdiction shall set a reasonable time in which such work is to be completed by the persons who were given notice. If the above required maintenance and/or repair is not completed within the time set by the Jurisdiction, w7itten notice will be sent to the Home Owner's Association stating the Jurisdiction's intention to perform such maintenance and bill the Home Owner's Association for all incurred expenses. (2) If at any time the Jurisdiction determines that the existing system creates any imminent threat to public health or welfare, the Jurisdiction may take immediate measures to remedy said threat. No notice to the persons listed in Remedies (1), above, shall be required under such circumstances. All other Home Owner's Association responsibilities shall remain in effect. (3) The Home Owner grants unrestricted authority to the Jurisdiction for access to any and all stonmwater system features for the purpose of performing maintenance or repair as may become necessary under Remedies (1) and/or (2) (4) The Home Owner shall assume responsibility for the cost of maintenance and repairs to the stormwater facility, except for those maintenance actions explicitly assumed by the Jurisdiction in the preceding section. Such responsibility shall include reimbursement to the Jurisdiction within 90 days of the receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate for liquidated judgments. If legal action ensues, any costs or fees incurred by the Jurisdiction will be borne by the parties responsible for said reimbursements. This Agreement is intended to protect the value and desirability of the real property described above and to benefit all the citizens of the Jurisdiction. It shall run with the land and be binding on all parties having or acquiring any right, title, or interest, or any part thereof, of real property in the subdivision. They shall inure to the benefit of each present or future successor in interest of said property or any part thereof, or interest therein, and to the benefit of all citizens of the Jurisdiction. Owner Owncr STATE OF WASHINGTON (COUNTY OF THURSTON) On this day and year personally appeared before me, , who executed the foregoing instrument and acknowledge the said instrument to be the free and voluntary act and deed of said Municipal Corporation for the uses and purposes therein mentioned and on oath states he is authorized to execute the said instrument. Given under my hand and official seal this day of , 20 Notary Public in and for the State of Washington, residing in My commission expires INSTRUCTIONS FOR PERSON MAINTAINING STORMWATER SYSTEM The following pages describe the maintenance needs of the stormwater conveyance, storage, and disposal components of the system designed for this site. This maintenance effort shall be the responsibility of the Ritter Subdivision Home Owner's or their assigned representative. In general, system components should be inspected in accordance with the Maintenance Checklists included as Attachment "A" at the rear of this document. Use the suggested frequency indicated on the left side of the Checklist Forms: (I) Monthly (M) from November through April. (2) Annually (A), once in late summer (preferably September). (3) After major storm events (S) > one (1) inch in 24 hours. Inspections findings should be recorded on photocopies of the Maintenance Checklist forms. Check of the problems you looked for each time an inspection was performed. Maintenance should be undertaken to correct deficiencies found and comments on problems found and actions taken entered on the forms. Completed Checklist Forms should be filed and incorporated in the annual report to be issued in May of each year. If you have specific questions or require technical assistance, contact the Thurston County Stormwater Division. Please do not hesitate to call, especially if you are unsure whether a situation you have discovered may be a problem. ATTACHMENT "A": MAINTENANCE PROGRAM COVER SHEET Inspection Period: Number of Sheets Attached: Date Inspected: Name of Inspector: Inspector's Signature: ATTACHMENT "B": POLLUTION SOURCE CONTROL PROGRAM EROSION AND SEDIMENT CONTROL BMP's WHAT ARE POLLUTION SOURCE CONTROLS, AND WHY ARE THEY NEEDED? Pollution source controls are actions taken by a person or business to reduce the amount of pollution reaching surface and ground waters. Controls, also called "best management practices'' (BMPs), include: c~3 Altering the activity (e.g., substitute non-toxic products, recycle used oil, route floor drains to sanitary sewer from storm sewer) c~ Enclosing or covering the activity (e.g., building a roof) cis Segregating the activity (e.g., diverting runoff away from an area that is contaminated) c~ Routing runoff from the activity to a treatment alternative (e.g., to a wastewater treatment facility, sanitary sewer, or stormwater treatment area) Pollution source controls are needed because of the contamination found in runoff from residential areas and the effect of this contamination on aquatic life and human health. Research on urban runoff in the Puget Sound area and elsewhere has found oil and grease, nutrients, organic substances, toxic metals, bacteria, viruses, and sediments at unacceptable levels. Effects of contaminated runoff include closure of shellfish harvesting areas and swimming areas, mortality of young fish and other aquatic organisms, tumors on fish, and impairment of fish reproduction. MATERIALS USED AND WASTES GENERATED Of particular concern are drives and parking areas. Because of heavy vehicle usage, the concentration of oil and grease in stormwater may exceed the Ecology guidelines of 10 mg/1. Although there are no local data to confirm this view, limited research in the San Francisco Bay area found the mean concentration of oil and grease in stormwater to exceed 10 mg/1. REQUIRED ACTIONS The following actions shall be taken to ensure that pollution generated on site shall be minimized: 1. Warning signs (e.g., "Dump No Waste--Drains to Stream'') shall be painted or embossed on or adjacent to all storm drain inlets. They shall be repainted as needed. Materials needed to undertake this task can be purchased or may be available from the Public Involvement Coordinator for the Department of Public Works. 2. Sediment removed from basins and swales shall be disposed of in a proper manner. Contact the local governing jurisdiction for inspection prior to completing this task. 3. No activities shall be conducted on site that are likely to result in short-term, highly concentrated discharge of pollution to the stormwater system. Such activities may include, but are not limited to, heavy vehicle maintenance, and cleaning of equipment used in the periodic maintenance of buildings and paved surfaces. 4. Use of pesticides and fertilizers shall be minimized. 5. Do not dump paint, solvents, oils, or other such substances, including landscape waste, into storm drains. Catch Basins and Inlets These structures are typically located in the streets and public rights-of--way. Local jurisdictions are responsible for routine maintenance of the pipes and catch basins in rights-of--way, while you are responsible for keeping the grates clear of debris in all areas as well as pipes and catch basins in private areas. Part of Catch When to What to Check For What to Do Basin to Check it Check Catch basin During and Trash or debris accumulating in front of Remove blocking trash or debris with a opening after major the catch basin opening and not allowing rake and clean off the grate. storms water to flow in. Catch basin Quarterly Sediment or debris in the basin should Clean out the catch basin of sediment be kept under 50% of the depth from the and debris. bottom of the pipe to the bottom of the basin. Use a long stick or broom handle to poke into sediment and determine de th. Inlet and outlet Quarterly Trash or debris in the pipes should not Clean out inlet and outlet pipes of pipes be more than 1/5 of its height. Also, trash or debris. there should not be any tree roots or other ve etation rowin in the pipes. Inlet and outlet Annually There should be no cracks wider than '/: Repair cracks or replace the joints. pipe joints inch and longer than 1 foot at the joint of any inlet or outlet pipe. Also check for evidence of sediment entering the catch basin throw h cracks. Grate Quarterly The grate should not have cracks longer Replace the grate. than 2 inches. There should not be multiple cracks. Frame Quarterly Ensure that the frame is sitting flush on Repair or replace the frame so d is top of the concrete structure (slab). A flush with the slab. separation of more than'/. inch between the frame and the slab should be corrected. Catch basin Annually Inspect the walls of the basin for cracks Replace or repair the basin. Contact a wider than Y: inch and longer than 3 professional engineer for evaluation. feet. Also check for any evidence of sediment entering the catch basin through cracks. Determine whether or not the structure is sound. Catch basin Quarterly There should be no chemicals such as Clean out catch basin. Contact your natural gas, oil, and gasoline in the local jurisdiction or Thurston County catch basin. Check for obnoxious color, Environmental Health if you detect a odor, or oily sludge. color, odor, or oily sludge. OiINVater Quarterly Water surface in catch basin has Remove the catch basin lid and skim separator Sdownturned significant sludge, oil, grease, or scum layer covering all or most of the water off oil layer. Pour oil into a disposable container, seal container, wrap e bow or "T" in surface. securely in newspaper, and place in catch basin) trash. Water surface should be clear of oily layer. Pipe Elbow Quarterly Top or bottom of pipe appears to have Check for an arent b k ff a Remove the catch basin lid and e for dama If examine the i e y en o . pp ro p p g . damage and check to see if its plumb. broken, hire a contractor to replace pipe in accordance with approved plans on file with your local jurisdiction. Fencing, Shrubbery Screens, and Gates Fences and shrubbery screens aren't typically required for stormwater ponds. If the slopes of the sides are too steep, usually some kind of barricade is constructed. Part of Fencing, When to What to Check For What to Do Shrubbery, or Check it Gate to Check Fence or shrubbery Quarterly Inspect the fence or screen to Mend the fence, repair erosion, or screen ensure that it blocks easy entry to replace the shrubs to form a solid the facility. Make sure erosion barrier. hasn't created an opening under fence. Shrubbery screen Quarterly Shrubbery should not be growing Trim and weed shrubbery to provide out of control or infested with weeds appealing aesthetics. Do not use chemicals to control weeds. Wire Fences Annually Look along the length of the fence Straighten posts and rails 'rf and determine if it is out of necessary. alignment. Wire Fences Annually Missing or loose tension wire. Replace or repair tension wire so it holds fabric. Wire Fences Annuall Y Missin or loose barbed wire. 9 ep ace or repair are wire so that it doesn't sag between posts. Wire Fences Annually Check for rust or scaling. Paint or coat rusting or scaling parts with a protective coating. Wire Fences Quarterly Ensure that there are no holes in the Repair holes so that there are no fabric or fencing. openings m the fabric or fencing. Gate Quarterly Ensure that the gate is not broken, Repair or replace the gate to allow jammed, or missing and that it entry of people and maintenance opens easily. equipment. If a lock is used, make sure you have a key. Conveyance Pipes, Ditches, and Swales Part of When to What to Check For What to Do System Check it to Check Pipes Annually Accumulated sediment should not exceed 20% of the Clean out pipes of all diameter of the ipe. Vegetation should not reduce ater throu h i Ensure that t of es f sediment and debrs. Remove all vegetation so that water p . ree movemen w g p the protective coating is not damaged and rusted. flows Treely through pipes. Dents should not significantly impede flow. Pipe Repair or replace pipe. should not have maior cracks or tears allowing water to leak out. Open Quarterly There should not be any yard waste or litter in the Remove trash and debris and ditches ditch. dispose of them properly. Open Annually Accumulated sediment should not exceed 20% of the Clean out ditch of all sediment ditches depth of the ditch. and debris. Open Annually Check for vegetation (e.g., weedy shrubs or saplings) ater throu th t of h t d f Clear blocking vegetation so throu that water flows freel h ditches & ree movemen w g tha re uces e y g Swales ditches or swales. ditches. Grassy vegetation l h ld b l ft e e a one. s ou Open Quarterly Check around inlets and outlets for signs of erosion. Eliminate causes of erosion. ditches & Check slopes for signs of sloughing or settling. Action Stabilize slopes by using Swales is needed where eroded damage is over 2 inches appropriate erosion control deep and where there is potential for continued measures (e.g., reinforce with erosion. rock, plant grass, compact soil.) Open Annually Native soil beneath the rock splash pad, check dam, Replace rocks to design ditches & or lining should not be visible. standard. Swales Swales Quarterly Grass cover is sparse and weedy, or areas are Aerate soils and reseed and overgrown with woody vegetation. mulch bare areas. Keep grass less than 8 inches high. ro th R e ood emov w y g w , regrade, and reseed as necessary. Swales Quarterly Swale has been filled in or blocked by shed, woodpile, If possible, speak with shrubbery, etc. homeowner and request that the swale area be restored. Swales Annually Water stands in swale or flow velocity is very slow. A survey may be needed to Stagnation occurs. check grades. Grades need to be in 1-5% range if possible. If grade is less than 1%, underdrains may need to be installed. Grounds and Landscaping Part of When to What to Check For What to Do Grounds to Check it Check Landscaped Quarterly Weeds growing out of control in landscaped Pull weeds by hand, if Areas area. possible, to avoid using chemical weed controls. Landscaped Quarterly Check for any presence of poison ivy or other Remove poisonous vegetation Areas poisonous vegetation or insect nests. or insect nests that are present in landscaped area. Landscaped Quarterly There should not be any yard waste or litter in Remove and dispose of litter Areas landscaped areas. properly Landscaped Quarterly Noticeable rills are seen in landscaped areas. Identify the causes of erosion Areas and take steps to slow down or disperse the water. Fill in contour, and seed area. Trees and Annually Limbs or parts of trees or shrubs that are split Trim trees and shrubs to shrubs or broken. restore shape. Replace severely damaged trees and shrubs. Trees and Annually Trees or shrubs that have been blown down or Replant trees or shrubs, shrubs knocked over. inspecting for injury to stem or roots. Replace if severely damaged. Trees and Annually Trees or shrubs that are not adequately Place stakes and rubber- Shrubs supported or are leaning over, causing coated ties around young exposure of the roots. trees/shrubs for support. Access Roads and Easements Area to When to Whai to Check For What to Do Check Check it General One Time Check to determine if there is enough access If there is not enough to your stormwater facilities for maintenance access, check with your local vehicles. jurisdiction to determine whether an easement exists. If so, a maintenance road may need to be constructed there. Access road Quarterly Debris that could damage vehicle tires (glass Clear all potentially or metal). damaging debris. Access road Annually Any obstructions that reduce clearance above Clear along and over and along the road to less than 14 feet. roadway so there is enough clearance. Road surface Annually Check for potholes, ruts, mushy spots, or Add gravel or remove wood woody debris that limits access by maintenance vehicles. as necessary. Shoulders and Annually Check for erosion along the roadway. Repair erosion with ditches additional soil or gravel. Drywells, French Drains, or Downspouts Part of System to Check When to Check it What to Check For What to Do Downspout Annually Water overflows from the downspout over the First try cleaning out the ground. ggutters and downspouts. ' t solve the ff this doesn problem you ma need to install a bi er dyr well y . gg Roof Annually Moss and algae are taking over the shadier Disconnect the flexible parts of the shingles. art of the downspout that t th ll P d d rywe . ea s o e Perform moss removal as desired. Pressure wash or use fatty acid solutions instead of highly toxic pesticides or chlorine bleach. Install a zinc strip as a preventative. Maintenance Checklist for Infiltration Systems Frequency Drainage Problem Conditions to Conditions that Should System check for Exist Feature Trash & debris buildup See Maintenace See Maintenance M, S General in and Checklist for Ponds. Checklist for Ponds. Poisonous See Maintenace See Maintenance M ve etation Checklist for Ponds. Checklist for Ponds. Fire hazard or See Maintenace See Maintenance M, S ollution Checklist for Ponds. Checklist for Ponds. Vegetation not growing or See Maintenace See Maintenance M is over rown Checklist for Ponds. Checklist for Ponds. See Maintenace See Maintenance M Rodent holes Checklist for Ponds. Checklist for Ponds. See Maintenace See Maintenance M Insects Checklist for Ponds. Checklist for Ponds. Sediment is removed and/or facility is cleaned so that infiltration system A soil texture test works according to indicates facility is design. A sediment not working at its trapping area is installed Sediment designed to reduce sediment Storage buildup in capabilities or was transport into infiltration A area s stem incorrect) desi ned. area. Additional volume is added through excavation to provide needed A soil texture test storage. Soil is aerated Storage area indicates facility is and rototilled to improve drains slowly not working at its drainage. Contact the (more than 48 designed City for information on its hours) or capabilities or was requirements regarding A overflows incorrect) desi ned. excavation. Any sediment and debris filling area to 10% of depth from sump bottom to bottom of outlet pipe or obstructing flow Sediment into the connector Clean out sump to design M tra in area i e. de th. Add a trapping area by constructing a sump for Stormwater enters settling of solids. Sediment infiltration area Segregate settling area trapping area directly without from rest of facility. One Time not resent treatment. Contact City for guidance. By visual inspection little or no water flows through filter Rock Sediment and during heavy rain Replace gravel in rock M filters debris storms. filter. Maintenance Checklist for Ponds Frequency Drainage Problem Conditions to check Conditions that Should System for Exist Feature M, S General Trash & Dumping of yard Remove trash and debris debris wastes such as grass and dispose as buildup in clipping such as prescribed by City Waste pond. grass clippings and management Section. branches into basin. Unsightly accumulation of nondegradable materials such as glass, plastic, metal, foam, and coated a er. M, S Trash rack Bar screen over Replace screen. plugged or outlet more than 25% Remove trash and debris missing covered by debris or and dispose as missing. prescribed by City Waste mana ement Section. M Poisonous Any poisonous Remove poisonous vegetation vegetation which may vegetation. Do not spray constitute a hazard to chemicals on vegetation the public. without obtaining guidance from the Cooperative Extension Service and approval from the Cit . M, S Fire hazard Presence of Find sources of pollution or pollution chemicals such as and eliminate them. natural gas, oil and Water is free from gasoline, obnoxious noticeable color, odor, or color, odor, or sludge contamination. noted. M Vegetation For grassy ponds, For grassy ponds, not growing grass cover is sparse selectively thatch, aerate. or is and weedy or is and reseed ponds. overgrown overgrown. For Grass cutting wetland ponds, unnecessary unless plants are sparse or dictsted by aesthetics. invasive species are For wetland ponds, hand present. plant nursery-grown wetland plants in bare areas. Contact the Coo erative Extension Service for direction on invasive species such as purple loosestrife and reed canary grass. Pond bottoms should have uniform dense coverage of desired plant species. M Rodent holes Any evidence of Rodents destroyed and rodent holes if facility dam or berm repaired. is acting as a dam or Contact the Thurston berm, or any County Health evidence of water Department for guidance. piping through dam or berm via rodent holes. M Insects When isects such as Insects destroyed or wasps and hornets removed from site. interfere with Contact Cooperative maintenance Extension Service for activities, or when guidance. mosquitos become a nuisance. A Tree growth Tree growth does not Trees do not hinder allow maintenance maintenance activities. access or interferes Selectively cultivate trees with maintenance such as alders for activity (I.e., slope firewood. mowing, silt removal, or equipment movements). If trees are not interfering with access, leave trees alone. M Side slopes Erosion on Check around inlets Find causes of errosion of pond berms or at and outlets for signs and eliminate them. entrance/exit of erosion. Check Then slopes should be berms for signs of stabilized by using sliding or settling. appropriate erosion Action is needed control measure(s); e.g., where erroded rock reinforcement, damage damage planting of grass, over 2 inches deep compaction. and where there is potential for continued errosion. M Storage Sediment Accumulated Sediment cleaned out to area buildup in sedimetn that designed pond shape pond exceeds 10% of the and depth; pond designed pond depth. reseeded if necessary to Buried or partially control errosion. buried outlet structure probably indicates significant sediment deposits. A Pond dikes Settlements Any part of dike Dike should be built back which has settled 4 to the design elevation. inches lower than the desi n elevation. A Emergency Rock missing Only one layer of Replace rocks to design overflow / rock exists above standards. spillway native soil in area 5 square feet or larger, or any exposure to native soil. One Time Emergency Overflow Side of pond has no Contact City for guidance overflow / missing area with large rocks spillway to handle emergency overflows.