RecD07 2007-087633 - Laserfiche WebLink

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(Page II of 20) removed and replaced, the removal and replacement costs shall be a Shared Cost to be borne by all the Lot Owners and allocated among the Lot OWners as described in Section 4.2. 3.5 Stormwater Treatment Devices. The Stormwater Treatment Devices shall be maintained in accordance with the requirements of this Section 3.5. The Lot OWners shall be jointly responsible for the maintenance and repair of the Stormwater Treatment Devices situated within the Driveway and the Open Space Area and each Lot OWner shall be responsible for the maintenance and repair of the Stormwater Treatment Devices situated within the OWner's Lot but not within the Driveway or the Open Space Area. 3.5.1 General Maintenance ReQuirements. Owners shall not destroy or remove the Stormwater Treatment Devices from the Development not modify the Stormwater Treatment Devices in a manner that lessens their effectiveness. Owners shall, at the OWner's sole expense, adequately maintain the Stormwater Treatment Devices in good working order acceptable to the City and in accordance with the City- approved improvement plans. This includes all pipes, channels or other conveyances built to convey stormwater through the Development as well as all structures, improvements and vegetation provided to control the quantity and quality ofthe stormwater. Adequate maintenance is herein defined as maintaining the described facilities in good working condition so that these facilities continue to operate as originally designed and approved. Maintenance shall include a detailed description of and schedule for long-term maintenance activities. 3.5.2 Sediment ManaQement. Sediment accumulation resulting from the normal operation ofthe Stormwater Treatment Device5 will be managed appropriately by the OWners. The OWners will provide for the removal and disposal of accumulated sediments. Accumulated sediments shall not be disposed of in the Development. Any disposal or removal of accumulated sediments or debris shall be in compliance with all federal, State and local laws. 3.5.3 Annual Inspection. The Owoersshall conduct a minimum of one (1) annual inspection of the Stormwater Treatment Devices before the wet season. This inspection shall occur between August 1 st and October 1st each year. More frequent inspections may be necessary. 3.5.4 Necessarv Chanoes and Modifications. Attheirsole expense, the OWners shall make changes or modifications to the Stormwater Treatment Devices and/or as may be determined as reasonably necessary by the City to ensure that the Stormwater Treatment Devices are properly maintained and continue to operate as originally designed and approved. 3.5.5 Access to the Property. The OWners hereby grant permission to the City. the San Francisco Bay Regional Water Quality Control Board (the "Regional Board"), the San Mateo County Mosquito Abatement District (the "Mosquito Abatement District"), and their authorized agents and employees to enter upon the Development at reasonable times and in a reasonable manner to inspect, assess or observe the Stormwater Treatment Devices in order to ensure that the Stormwater Treatment Devices are being properly maintained and are continuing to perform in an adequate manner to protect water quality and the public health and safety. This includes the right to enter upon the Development whenever there is a reasonable basis to believe that a violation of this Declaration, the City's stormwater management ordinances, guidelines, criteria, other written direction or the San Mateo Countywide NPDES Municipal Stormwater Permit (Regional Board Order 99-059, as amended by Regional Board Order R2-2003-0023, and any amendments or re-issuances of the NPDES Permit) is occurring, has occurred or threatens to occur. The above-listed agencies also have a right to enter the Development when necessary for abatement of a public nuisance or correction of a violation of the ordinance guidelines, criteria or other written direction. The City, Regional Board or the Mosquito Abatement District shall provide reasonable (as may be appropriate for the particular circumstances) notice to the OWners before entering the Development. 3.5.6 Failure to Maintain Stormwater Treatment Devices. In the event the Owners fail to maintain the Stormwater Treatment Devices as required in good working order acceptable to the City, its authorized agents, and employees with reasonable notice, may enter the Development and take whatever steps it deems necessary and appropriate to return the Stormwater Treatment Devices to good working order. Such notice Will not be necessary IT emergency conditions requires immediate remedial action. This provision shall not be construed to allow the City to erect any structure of a permanent nature within the Development. F:\LJW-DAT A\WPDocs\YamtOakw\YamtOakw.goeVl.wpd 5 May 17. 2007