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Storm Water Management Facilities Maintenance Agreement 2011-0600206�Iie RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY, CA 92074 DOC # 2011- 0600206 IIIIIII 1111111111111111111111111111111111111111111111111111111111111 NOV 09, 2011 10:55 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 WAYS: 2 NA 9425 PACES: 18 (THIS SPACE FOR RECORDER'S USE) APN: 317 - 270 -56 STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT (G11 -0001) The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) This AGREEMENT for the maintenance and repair of certain Storm Water Management Facilities is entered into between Sysco Food Services of San Diego Inc. (hereinafter referred to as "OWNER ") and the City of Poway (hereinafter referred to as "CITY ") for the benefit of the CITY, the OWNER, the successors in interest to the CITY or the OWNER, and the public generally. WHEREAS, OWNER is the owner of certain real property located in the City of Poway, California, more particularly described in Exhibit "A" hereto (hereinafter referred to as the "PROPERTY "), and has proposed that the PROPERTY be developed as an expansion to the existing building and parking areas in accordance with applications for Development Review No. DR10 -011 and Grading Permit No. G11 -0001, which are on file with the CITY. This Agreement is required as a condition of approval for such development. WHEREAS, in accordance with the City of Poway's Standard Urban Storm Water Mitigation Plan, Poway Municipal Code, Chapter 16, Division VI (the "SUSMP Ordinance "), the City of Poway Subdivision Ordinance, the City of Poway Zoning Ordinance, the City of Poway Grading Ordinance and /or other ordinances or regulations of CITY which regulate land development and urban runoff, OWNER has proposed that storm water runoff from the PROPERTY be managed by the use of the following Storm Water Management Facilities which are identified as "Best Management Practices" or "BMPs ": Multiple bioretention facilities, which are designed for treatment control and hyromodification management, and a sand /gravel filter as shown on approved grading plans. The precise location(s) and extent of the BMPs are indicated on the Water Quality Technical Report for Sysco San Diego Facility Expansion dated September 30, 2011 on file with CITY's Development Services Department. The manner and standards by which the BMPs must be repaired and maintained in order to retain their effectiveness are as set forth in the Operation and Maintenance Plan (hereinafter "O &M PLAN ") which is attached hereto and incorporated herein as Exhibit "B ". / / - /o9 9426 WHEREAS, OWNER's representations that the BMPs will be maintained have been relied upon by CITY in approving OWNER's development applications. It is the purpose of this Agreement to assure that the BMPs are maintained, by creating obligations that are enforceable against the OWNER and the OWNER's successors in interest in the PROPERTY. It is intended that these obligations be enforceable notwithstanding other provisions related to BMP maintenance that are provided by law. NOW, THEREFORE, for consideration of (a) CITY's approval of the above development applications and (b) the mutual covenants set forth herein, IT IS HEREBY AGREED AS FOLLOWS: Maintenance of Storm Water Management Facilities. OWNER agrees, for itself and its successors in interest, to all or any portion of the PROPERTY, to comply in all respects with the requirements of the SUSMP Ordinance with regards to the maintenance of BMPs, and in particular agrees to perform, at its sole cost, expense and liability, the following "MAINTENANCE ACTIVITIES ": all inspections, cleaning, repairs, servicing, maintenance and other actions specified in the O &M PLAN, with respect to all of the BMPs listed above, at the times and in the manner specified in the O &M PLAN. OWNER shall keep records of this maintenance and provide copies of such records and annual certification of maintenance as requested by CITY. OWNER shall initiate, perform and complete all MAINTENANCE ACTIVITIES at the required time, without request or demand from CITY or any other agency. OWNER further agrees that "MAINTENANCE ACTIVITIES" shall include replacement or modification of the BMPs in the event of failure. Replacement shall be with an identical type, size and model of BMP, except that: (a) The CITY's Engineer may authorize substitution of an alternative BMP if he or she determines that it will be as effective as the failed BMP; and (b) If the failure of the BMP, in the judgment of the CITY's Engineer indicates that the BMP in use is inappropriate or inadequate to the circumstances, the BMP must be modified or replaced with a more effective BMP to prevent future failure in the same or similar circumstances. 2. Notices. OWNER further agrees that it shall, prior to transferring ownership of any land on which any of the above BMPs are located, and also prior to transferring ownership of any such BMP, provide clear written notice of the above maintenance obligations associated with that BMP to the transferee. OWNER further agrees to provide evidence to CITY Engineer that OWNER has requested the California Department of Real Estate to include in the public report issued for the development of the PROPERTY, a notification regarding the BMP maintenance requirements described herein. 3. CITY's Right to Perform Maintenance. It is agreed that CITY shall have the right, but not the obligation, to elect to perform any or all of the MAINTENANCE ACTIVITIES if, in the CITY's sole judgment, OWNER has failed to perform the same. Such maintenance by the CITY shall be conducted in accordance with the nuisance abatement procedures set forth in Poway Municipal Code Chapter 8.72. In the case of maintenance performed by the CITY, it may be performed by CITY forces, or a contractor hired by the CITY, at the CITY's sole election. It is recognized and understood that the CITY makes no representation that it intends to or will perform any of the MAINTENANCE ACTIVITIES, and any election by CITY to perform any of the MAINTENANCE ACTIVITIES shall in no 9427 way relieve OWNER of its continuing maintenance obligations under this agreement. If CITY elects to perform any of the MAINTENANCE ACTIVITIES, it is understood that CITY shall be deemed to be acting as the agent of the OWNER and said work shall be without warranty or representation by CITY as to safety or effectiveness, shall be deemed to be accepted by OWNER "as is ", and shall be covered by OWNER's indemnity provisions below. If CITY performs any of the MAINTENANCE ACTIVITIES, after CITY has demanded that OWNER perform the same and OWNER has failed to do so within a reasonable time stated in the CITY's demand, then OWNER shall pay all of CITY's costs incurred in performing the MAINTENANCE ACTIVITIES, plus an administrative fee. OWNER's obligation to pay CITY's costs of performing MAINTENANCE ACTIVITIES is a continuing obligation. If OWNER fails to pay CITY's costs for performing MAINTENANCE ACTIVITIES, CITY may assess a lien on the property or properties of the responsible parties pursuant to the procedures set forth in Poway Municipal Code Chapter 8.72. 4. Grant of Easement to CITY. OWNER hereby grants to CITY a perpetual easement over, under and across all of the PROPERTY, for purposes of accessing the BMPs, inspecting the BMPs, and performing any of the MAINTENANCE ACTIVITIES specified in Paragraph 1 above. CITY shall have the right, at any time and without prior notice to OWNER, to enter upon any part of said area as may be necessary or convenient for such purposes. OWNER shall at all times maintain the PROPERTY so as to make CITY's access clear and unobstructed. 5. Administration of Agreement for CITY. CITY hereby designates the City Engineer as the officer charged with responsibility and authority to administer this Agreement on behalf of CITY. Any notice or communication to CITY related to the implementation of this Agreement shall be addressed to: City Engineer City of Poway 13325 Civic Center Drive Poway, CA 92064 The City Engineer is also granted authority to enter into appropriate amendments to this Agreement on behalf of CITY, provided that the amendment is consistent with the purposes of this Agreement as set forth above. 6. Defense and Indemnity. CITY shall not be liable for, and OWNER and its successors in interest shall defend and indemnify CITY and the employees and agents of CITY (collectively "CITY PARTIES "), against any and all claims, demands, liability, judgments, awards, fines, mechanic's liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (hereinafter collectively referred to as "CLAIMS "), related to this Agreement and arising either directly or indirectly from any act, error, omission or negligence of OWNER, OWNER's successors, or their contractors, licensees, agents, servants or employees, including, without limitation, claims caused by the concurrent negligent act, error or omission, whether active or passive, of CITY PARTIES. OWNER shall have no obligation, however, to defend or indemnify CITY PARTIES from a claim if it is determined by a court of competent jurisdiction that such claim was caused by the sole negligence or willful misconduct of CITY PARTIES. Nothing in this Agreement, CITY's 9428 approval of the development application or plans and specifications, or inspection of the work is intended to acknowledge responsibility for any such matter, and CITY PARTIES shall have absolutely no responsibility or liability therefore unless otherwise provided by applicable law. Common Interest Developments. If the PROPERTY is developed as a "Common Interest Development" as defined in Civil Code section 1351(c) which will include membership in or ownership of an "ASSOCIATION" as defined in Civil Code section 1351(a), then the following provisions of this Paragraph 8 shall apply during such time as the PROPERTY is encumbered by a "DECLARATION" as defined in Civil Code section 1351(h), and the Common Area, as "Common Area" is defined in Civil Code section 1351(b), of the PROPERTY is managed and controlled by the ASSOCIATION: (a) The ASSOCIATION, through its Board of Directors, shall assume full responsibility to perform the. MAINTENANCE ACTIVITIES pursuant to this Agreement, and shall undertake all actions and efforts necessary to accomplish the MAINTENANCE ACTIVITIES, including but not limited to, levying regular or special assessments against each member of the ASSOCIATION sufficient to provide funding for the MAINTENANCE ACTIVITIES, conducting a vote of the membership related to such assessments if required by law. In the event insufficient votes have been obtained to authorize an assessment, the ASSOCIATION shall seek authority from a court of competent jurisdiction for a reduced percentage of affirmative votes necessary to authorize the assessment, re- conducting the vote of the membership in order to obtain the votes necessary to authorize an assessment, and the ASSOCIATION shall take all action authorized by the DECLARATION or California law to collect delinquent assessments, including but not limited to, the recording and foreclosure of assessment liens. (b) No provision of the DECLARATION, nor any other governing document of the ASSOCIATION or grant of authority to its members, shall grant or recognize a right of any member or other person to alter, improve, maintain or repair any of the PROPERTY in any manner which would impair the functioning of the BMPs to manage drainage or stormwater runoff. In the event of any conflict between the terms of this Agreement and the DECLARATION or other ASSOCIATION governing documents, the provisions of this Agreement shall prevail. 8. Agreement Binds Successors and Runs With the PROPERTY. It is understood and agreed that the terms, covenants and conditions herein contained shall constitute covenants running with the land and shall be binding upon the heirs, executors, administrators, successors and assigns of OWNER and CITY, shall be deemed to be for the benefit of all persons owning any interest in the PROPERTY (including the interest of CITY or its successors in the easement granted herein). It is the intent of the parties hereto that this Agreement shall be recorded and shall be binding upon all persons purchasing or otherwise acquiring all or any lot, unit or other portion of the PROPERTY, who shall be deemed to have consented to and become bound by all the provisions hereof. 9. OWNER's Continuing Responsibilities Where Work Commenced or Permit Obtained. Notwithstanding any other provision of this Agreement, no transfer or conveyance of the PROPERTY or any portion thereof shall in any way relieve OWNER of or otherwise affect OWNER's responsibilities for installation or maintenance of BMPs 9429 which may have arisen under the ordinances or regulations of CITY referred to in this Agreement, or other federal, state or CITY laws, on account of OWNER having obtained a permit which creates such obligations or having commenced grading, construction or other land disturbance work. 10. Amendment and Release. The terms of this Agreement may be modified only by a written amendment approved and signed by the City Council or the CITY Engineer acting on behalf of CITY and by OWNER or OWNER's successor(s) in interest. This Agreement may be terminated and OWNER and the PROPERTY released from the covenants set forth herein, by a release, which CITY may execute if it determines that another mechanism will assure the ongoing maintenance of the BMPs or that it is no longer necessary to assure such maintenance. 11. Governing Law and Severability. This Agreement shall be governed by the laws of the State of California. Venue in any action related to this Agreement shall be in the Superior Court of the State of California, County of San Diego. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity, and enforceability of the remaining provisions shall not be affected thereby. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter. OWNER: Sysco Food Service6 gf Siego Vic. 0 rd Friedlen Date: /I Date: /1 /01 Its: Ae J, lrti �- CITY OF POWAY: 'LIZ o rt J. Mani Director of Development Services APPROVED AS TO FORM: Office of the City Attorney 1��AAI Mor n L. of City ttorney Attachments: EXHIBIT A EXHIBIT B Date: IL APPROVED AS TO CONTENT: Engineering Division 4z Steven Crosby, P.E. City Engineer M :\engsery \Clapp\Agreements \Sysco SWFMA.docx 9430 • - NIA ALL-PURPOSE ACKNO WLEDGMENT �t4oaiG� � �sG" �tG�sG�sG�tG�isG�i3G �:�uoaf���tG �aG�iiG�sG � �sG�isG �3G� �ic�s.sisc�sc nsG �.� ��ni State of California County of J/Z 0 On /f/(/dEWt7 ?Q,,o l before me, `�f�YL L - fS ,1 f� i�/�! /v O T61 ;�/ii �'L r Date Here Insert me and Title of the Officer personally appeared 1 C ff f}i2 Llt L L- Nel siqnana) JA PHYLLIS SHINN Commission i 1 ]78898 Notary Public - California San Diego County Comm. 6 tree Nov 9, 2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person() whose name(. Woe, subscribed to the within instrument and acknowledged to me that he /sy(e /01,4y executed the same in his/6er /06r authorized capacity(i4§), and that by his/)6.r /th)9Lir signature(. on the instrument the pe son( or the entity upon behalf of which the person (s executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han nd official seal. Signature / Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docu Title or Type of Docume / t: 3 /jWM L ,4`74T1'/l�<%///h '&1f'N� l -177 1 T#7AjZ–/ / ti� ,, j ,16t �,E Document Date: ov' m o (� Number of Pages: Signer(s) Other Than Named Above: 1 A U L � Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 02007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth. CA 91313 -2402 • www.NationalNotaryorg Item #5907 Reorder: Can TdFFree 1.800-8766827 9431 CALI F O RNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of J /�7 On J,91 C bef ore me, t�L(�— Date \ f Here Inten Name And Tltle of t he Officer personally appeared KQ&c__Y-7_ PHYLLIS SHINN Commiaslon # 1778898 -'� Notary Public - Callfoinla San Diego County Comm. res Nov 9.2011 Place Notary Seal Above 1 /i who proved to a on the basis of satisfactory evidence to be the person(Awhose name is/aysubscribed to the within instrument and acknowledged to me that he /zi,*h'o executed the same in his/Krr /thVr_a thorized capacity(i$4, and that by his/l�tl�signature('Kon the instrument the person( or the entity upon behalf of which the person(,�acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand.4hd official seal. Signature ' A�� Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document A ��� Title or Type of Document l�`� �T�IGf'i / GAG/ Document Date: Number of Pages: Signer(s) Other Than Named Above: b '�go j FW1 6� 1'W X/ r G Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer —Title(s): • Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: C RIGHTTHUMBPRINT OF SIGNER Top of thumb here 02007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 - www.NationalNotary org Item 45907 Reorder. Call Toll-Free 1.80D-8764W 9432 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated: 1\ OVembw 8 AN/ , from Sysco Food Services of San Diego Inc., Grantor, to the City of Poway, Grantee, a political corporation and /or governmental agency is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Resolution No. 34 adopted on January 20, 1981 and the grantee consents to recordation thereof by its duly authorized officer. Dated: /r 0 q. it CITY OF POWAY Seal: By: Tina M. White Deputy City Clerk 9433 Exhibit "A" Legal Description Sysco San Diego PARCEL 1, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ON APRIL 08, 1998, IN PARCEL MAP NO. 18007. APN: 317 - 270 -56 -00 9434 EXHIBIT "B" OPERATION AND MAINTENANCE PLAN FOR: SYSCO FACILITY EXPANSION POWAY, CALIFORNIA DATE: FEBRUARY, 2011 Prepared By: SURKETT &W®NG ENGINEERS 3434 4th Avenue San Diego, California 92103 B&W Job #: 10704 9435 TABLE OF CONTENTS INTRODUCTION ............................................................... ............................... 3 ResponsibleParties .......................................................................... ............................... 3 Table I Ownership and Maintenance .......................................... ............................... 3 Summary of Post - Construction BMP/IMP's ................................... ............................... 3 EMPLOYEE TRAINING PROGRAM ............................... ..............................4 TrainingFrequency .......................................................................... ............................... 4 ACCESS FOR CITY INSPECTION OF BMP/ IMP' S ..... ..............................4 BIORETENTION MAINTENANCE .................................. ..............................5 Routine Operation and Maintenance: ............................................................................. 5 PlantCare: ....................................................................................................................... 5 1.1 Trimming, Pruning and Thinning .......................................... ............................... 5 1.2 Mowing .................................................................................. ............................... 5 1.3 Weeding ................................................................................. ............................... 6 1.4 Watering ................................................................................. ............................... 6 1.5 Fertilizing ................................................................................ ..............................6 1.6 Pest Management ................................................................... ............................... 7 1.7 Plant Replacement ................................................................. ............................... 7 InfiltrationMaintenance ................................................................... ............................... 7 2.1 Ponding and Drainage Problems ............................................ ............................... 7 Trashand Debris Removal ............................................................... ............................... 8 Composting ...................................................................................... ............................... 8 Mulching .......................................................................................... ............................... 8 PetWaste Removal .......................................................................... ............................... 9 E 9436 INTRODUCTION The purpose of the Operations and Maintenance Plan is to describe the procedures necessary to maintain the storm water Best Management Practices (BMP's) and Integrated Management Practices (IMP's) outlined in the provided Standard Urban Storm Water Management Plan (SUSMP) for the City of Poway. Responsible Parties The property owner or lessee will be required to maintain the BMP's and IMP's described herein, in perpetuity. Such responsibilities shall be transferred fully to any and all successors in interest. Therefore, the party responsible for overall maintenance is listed below: The party listed above shall document all maintenance requirements and shall retain records for at least five years. These documents shall be made available to the city inspection department upon request at any time. Summary of Post - Construction BMP /IMP's Bio- retention Basin(s), Infiltration basins and vegetated swales: constructed along project expansion. ,: AN D Name Address Phone / Email Responsible BMP Party KATHLEEN SYSCO SAN DIEGO 858 -513 -7478 (if different than above) RODRIGUEZ 12180 KIRKHAM RD. POWAY CA 92064 Employees reporting to KATHLEEN SYSCO SAN DIEGO 858 -513 -7478 Responsible BMP Party RODRIGUEZ 12180 KIRKHAM RD. POWAY CA 92064 Duly Authorized KATHLEEN SYSCO SAN DIEGO 858 -513 -7478 Representative RODRIGUEZ 12180 KIRKHAM RD. POWAY CA 92064 Designated Emergency KATHLEEN SYSCO SAN DIEGO 858 -513 -7478 Respondent' RODRIGUEZ 12180 KIRKHAM RD. POWAY CA 92064 The party listed above shall document all maintenance requirements and shall retain records for at least five years. These documents shall be made available to the city inspection department upon request at any time. Summary of Post - Construction BMP /IMP's Bio- retention Basin(s), Infiltration basins and vegetated swales: constructed along project expansion. 9437 EMPLOYEE TRAINING PROGRAM The maintenance supervisor will be responsible for conducting an employee training program for maintenance personnel. This program will ensure that workers will maintain the site BMP's and IMP's properly and frequently. Duties of the maintenance workers consist of the maintenance of landscaping, mowing of lawns, picking up trash, sweeping parking areas and ensuring trash is collected in a timely manner. In addition to these standard duties, workers will be required to maintain the bio- infiltration basin area(s) to maintain the water quality effects. Training Frequency Training will be conducted upon hire of new maintenance employees. Continued training may be conducted on an "as- needed" basis if the Supervisor deems it necessary. Facility Source Control Measures: Facility Source Control Measures: regularly practiced and implemented to prevent contaminants and /or non - stormwater intrusion into existing on -site and off -site systems 1. Maintenance staff should be train to Integrated Pest Management (IPM) practices and incorporate selection of pest- resistant and native plant varieties. 2. IPM education materials addressing methods of pest deterrent, physical pest elimination techniques, and proper use of pesticides should be distributed to all site maintenance personnel. 3. Irrigation systems should be specific to each area's water requirements. 4. Maintenance staff should be train to prohibit Car / Truck washing on any pavement areas to avoid pollutants reaching any storm drain system. 5. The parking lots should be swept by maintenance staff; wash down of parking lots is prohibited. ACCESS FOR CITY INSPECTION OF BMP /IMP'S All BMP's and IMP's may be accessed through proposed on -site private parking and along existing City Right -of -Way. 4 • � t • Bio- infiltration BASIN MAINTENANCE The following Operation and Maintenance guidelines for infiltration Basin are based on a set of guidelines set forth in the infiltration Basin Manual of Prince George's County, Maryland. Such guidelines in the aforementioned manual have also been used in the County of San Diego SUSMP Manual and serve as general guidelines in nationwide stormwater treatment applications. Routine Operation and Maintenance: A proper functioning Bio- retention basin area depends on long -term maintenance. While maintenance is relatively minimal and similar to regular landscaped areas, extra care must be taken to maintain the Bio- retention basin area's pollutant removal and bio- infiltration capacity. This is accomplished by maintaining soil structure, caring for soil invertebrates, mulching as needed, and periodic removal of debris. In general, maintenance strategies should reflect a commitment to environmentally sensitive methods. Such methods typically favor physical labor over chemical applications; the use of low- toxicity, low- residue compounds; and strategies such as Integrated Pest Management. Plant Care: 1.1 Trimming, Pruning and Thinning Trimming and pruning of excess vegetation will occasionally be necessary. Dead, dying, diseased, or hazardous branches should be trimmed and removed as they occur. Trees and shrubs may also be pruned for shape or to maximize fruit production. Trees, shrubs, and flowers may be pinched, pruned, thinned or dead- headed during the growing season to encourage more flowering, a bushier plant, or a fresh set of leaves. Pruning of trees should occur before bud -break (usually by mid- March)..Pruning of flowering shrubs should be performed immediately after the plants have finished blooming. 1.2 Mowing Mowing is recommended for grassed areas (e.g., dry swales) where turf grass is the only plant -type. Minimal grass height should not be shorter than 4" for turf grasses and 8" for native grasses. Mowing should be scheduled so as to maintain a neat, trim appearance. High -use areas should be mowed at a frequency of once a week during the peak growing season (late spring and early fall). However, these areas should be mowed less frequently during early spring, mid - summer and late fall when blade growth is much slower. Lowuse areas should be mowed less frequently, perhaps as infrequently as once a year, as dictated by on -site needs and landowner preference. 5 9439 Mowing of infiltration basin areas is not necessary or recommended. By design, plants in infiltration basin areas are meant to flourish throughout the growing season, leaving dry standing stalks during the dormant months. When mowing near infiltration basin areas, either use a mulching blade, or point the mower away from the infiltration basin area. Fresh grass clippings are high in nitrogen and should not be applied to infiltration basin areas, as they will compromise the facility's pollutant reduction effectiveness. 1.3 Weeding Weeding should be limited to invasive and exotic species, which can overwhelm the desired plant community. However, native non - invasive volunteer species are often desirable, as they add to the diversity of the plant community. Weeding should occur once a week during the summer and at least once a month during the remainder of the growing season. Non - chemical methods (hand pulling and hoeing) are preferable. Chemical herbicides should be avoided. 1.4 Watering Watering is most critical during the first few weeks after planting, and less critical yet important, during the first three years after planting. During the first three years, plants should be watered whenever the soil is dry at a minimum depth of 4 ". After the first three years, once plants are established, watering should only be necessary during drought conditions. During drought conditions, plants should be watered a minimum of every seven to ten days. To conserve water, reduce the potential for immediate evaporation, disease and fungal infestation, and improve the potential for infiltration, watering should be performed from sunset to sunrise, roughly from 8:00pm to 8:00am. A general rule of thumb when monitoring plant success is: if plants wilt during the day but recover in the evening, watering is not necessary. If plants do not recover in the evening, then watering is likely to be necessary. Another rule of thumb is to stick a pencil or screwdriver about 4" into the soil. If the soil is moist at that depth, watering is not needed. In addition, although plantings have been selected for their ability to withstand both dry and wet conditions, care should be taken to not over - water. Signs of stress associated with over - watering include: wilting of leaves or petals, yellowing of leaves, ringed spots on leaves, and soft or rotting plant base. 1.5 Fertilizing By design, infiltration basin facilities are located in areas where nutrients, (especially nitrogen), are typically elevated above natural levels. Therefore, it is unlikely that soil fertilization will be necessary. Excess fertilization compromises the facility's pollutant reduction effectiveness, leads to weak plant growth, promotes disease 0 gui ' and pest outbreaks, and inhibits soil life. If soil fertility is in doubt, call a local home and garden information center. If fertilization is necessary, only organic fertilizers should be used. 1.6 Pest Management Trees and shrubs should be monitored for the appearance of, or damage to plants by pests and disease. Monitoring should occur once a week during the growing season. It is important to keep in mind that insects and soil microorganisms perform a vital role in maintaining soil structure. Therefore, the use of pesticides should be avoided so as not to harm beneficial organisms. An alternative to pesticide use is to adopt an Integrated Pest Management (IPM) approach. This involves reducing pests to acceptable levels using a combination of biological, physical, mechanical, cultural, and chemical controls. 1.7 Plant Replacement In the event that plant mortality occurs, dead plants should be removed and replaced with healthy new plants. When replacing a plant, place the new plant in the same location as the old plant, or as close as possible to the old location. The exception to this recommendation is if plant mortality is due to initial improper placement of the plant (i.e. in an area that is too wet or too dry) or if diseased /infected plant material was used and there is risk of persistence of the disease or fungus in the soil. The best time to plant is in early to mid -fall or early to mid - spring. Trees can be planted as long as the soil temperature remains above 32 degrees Fahrenheit at a depth of 6 ". Plants should be planted as soon as possible after purchase to ensure the best chance of survival. If possible, new plants should be approximately the same size as those that are being replaced. If surrounding plants have already become well established, care may need to be given to the new plants to ensure successful growth. Use native species where possible, and avoid exotic or invasive species. Bio- Infiltration Maintenance 2.1 Ponding and Drainage Problems Bio - Infiltration basin facilities are designed to have water standing for up to 6 hours at a time. If this water period is routinely exceeded, the facility may not be functioning properly. Excessive pooling of water is usually a result of clogging or blockage of the filtration layer (in some cases, the pea gravel layer). If clogging of the pea gravel layer has occurred, use lengths of small reinforcing bar (2'-3'#4 rebar) to puncture the layer with holes every 1' on center. Another maintenance alternative is to remove the mulch layer and rake the sediment on top of the pea 9441 gravel. This will loosen some of the fine- grained sediments that may be filling the pore spaces. After raking has been conducted, the mulch layer should be returned. Care should be given to not disturb the existing, well established plants. Trash and Debris Removal Runoff flowing into infiltration basin facilities may carry trash and debris. Trash and debris should be removed weekly to ensure that inlets do not become blocked and to keep the area from becoming unsightly. Inspect infiltration basin areas after rainstorms to ensure drainage paths are free from blockages. Curb cuts in parking areas will need to periodically be cleared of accumulated sediment and debris. Composting Plant waste (e.g., fallen branches and leaves) should be collected from paved surfaces and lawn areas and composted on site. Composted material can be used to amend the soil in mown grass areas and in tree and shrub beds, saving the cost of both waste disposal and soil amendments. Composting should be established in a location with limited public access, yet close enough for easy access by maintenance staff. Invasive plant species, weeds with ripe seed heads, diseased plants, or unshredded woody debris larger than W diameter should not be composted. Note that composted material should NOT be applied to infiltration basin areas. Mulching Mulch has many benefits: it reduces competition by grass roots with tree and plant roots; controls weeds; prevents and reduces soil compaction; preserves soil moisture; and discourages potentially injurious practices like mowing and string trimming near tree trunks or woody stems. Infiltration basin areas should receive a protective layer of mulch over root areas, similar to that provided by leaf litter in a natural forest. Mulch layers should not exceed 3" in depth around trees and shrubs, and should be limited to 1 -2" in depth around perennials. Avoid blocking inflow entrance points with mounded mulch or raised plantings. To avoid bark rot and subsequent infestation by pests, mulch should not be mounded around the base of woody plants. Mulch material should be re- applied once every 6 months during the first three growing seasons. The use of aged mulch is recommended and should consist of the shredded type rather than the chip type, to minimize floating. The mulch materials placed in the facility will decompose and' blend with the soil medium over time. Once a full groundcover is established, mulching may not be necessary. The following materials may be used as mulch in infiltration basin areas: • Shredded bark mulch • Decayed grass clippings • Buckwheat 9442 • Pine needles ® Cocoa shells o Shredded leaf mold © Compost The following materials should NOT be used as mulch in infiltration basin areas: • Fresh grass clippings • Animal waste Pet Waste Removal Pet waste should not be left to decay in infiltration basin facilities because of the danger of disease - causing organisms. 9 I l .: - ®•® o•- -� ® ® ••o o FIELD MEASUREMENT MAINTENANCE MEASURMENT FREQUENCY ACTIVITY BIO- INFILTRATION VISUAL EVERY WEEK MANUAL REMOVE INSPECTION WEED,SEDIMENT AND MOW LAWN VEGETATED SWALE VISUAL EVERY WEEK MANUAL REMOVE INSPECTION WEED,SEDIMENT GRAVEL BASIN VISUAL EVERY WEEK MANUAL REMOVE INSPECTION WEED,SEDIMENT 9 I l