2004_0209_Packet - Laserfiche WebLink

Home

WHEREAS, Declarant desires to subject the Property to certain conditions and restrictions imposed by the RCWD as a condition to issuance of RCWD Permit # 03-047 for the mutual benefit of the RCWD and Declarant. NOW THEREFORE Declarant makes this declaration and hereby declares that this declaration shall constitute covenants to run with the Properiy, and further declares that the Properiy shall be owned, used, occupied, and conveyed subject to the covenants and restrictions set forth in this declaration, all of which shall be binding in perpetuity on all persons owning or acquiring any right, title or interest in the Properiy, and their heirs, successors, personal representatives and assigns, but only during the period of ownership of that right, title or interest. 1. Declarant will inspect the Facilities at least annually. 2. Declarant will maintain and repair the facilities: a. In the case of basins and other facilities where sediment collects, to preserve live storage or capacity at or above the design volume or, where no design live storage volume or capacity is incorporated into the permit, the volume or capacity recommendedby the manufacturer. b. In the case of conveyances and other structures, to preserve design hydraulic capacity. c. In the case of facilities relying on soils and vegetation for stormwater management or treatment, to preserve healthy vegetation and design soil permeability. d. In the case of all facilities, as necessary to preserve the integrity and intended function of the facility. 3. Declarant will submit to the RCWD annually, a report listing inspection dates, facilities inspected, facility conditions and actions taken, and dates of actions taken. 4. If Declarant is not maintaining the stormwater treatment system in accordance with this declaration, then the RCWD may give written notice to Declarant detailing the deficiency. If the deficiency has not been corrected within twenty (20) days after receipt of this notice, or Declarant has not within that period made arrangements deemed adequate by the RCWD for the deficiency to be corrected, then the RCWD without further notice may take steps that it deems reasonable to correct the deficiency, and may have access to the property during reasonable times for that purpose. Provided, that the RCWD shall provide notice before entry and exercise due care to avoid unnecessary disturbance or damage to the property. Within thirty (30) days of receipt of invoice Declarant will reimburse the RCWD for all costs incurred, including Administrative overhead and attorneys' fees, by the RCWD in correcting the deficiency