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15-020 340-356 Chesterfield Road stormwater:~-. ~~~-o~ _ _ STORMWATElZ liiIA1~TAGEli~IEIiTT OPEl~ATIOlT, _ _ __. 1~Ail~T~'ENAlITC~, AIlTD IllTSP~C~'I®N AG~~ll~~IlT'I' City of Northampton, MA Department of Public Works (413) 587-1570 THIS AGREEMENT, made and entered into this 21_ day of _August , 2007 by and between (Insert Full Name of Owner) Robert F. Sproull hereinafter called the "Landowner", and the City of Northampton, hereinafter called the "City". WITNESSETH, that WHEREAS, the Landowner is the owner of certain real property at (Street Address) _ _352 Chesterfield Rd. as described as (City of Northampton Assessors IVIap/ParceULot Number) 15-020-001 as recorded by deed in the land records of Hampshire County, Massachusetts, Deed Book _8289 Page _193 ,hereinafter called the "Property". WHEREAS, the Landowner is proceeding to build on and develop the property; and WHEREAS, the Site Plan/Subdivision Plan known as single-family residence , (Name of Plan/Development) hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City, which provides for the'conveyance, treatment, and/or detention of stormwater within the confines of the Property; and WHEREAS, the City and the Landowner, its successors and assigns, including any homeowners association, agree that the health, safety, and welfare of the residents of the City of Northampton, Massachusetts, require that on-site stormwater management facilities be constructed and maintained on the Property; and WHEREAS, the City requires that on-site stormwater management facilities as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, including any homeowners association. NOW, THEREFORE, in consideration of the foregoing premises, in accordance with the ~lorthampton Stormwater Management Ordinance (Chapter 22 Article V of the City's Code of Ordinance), the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: 1. The on-site stormwater management facilities shall be constructed by the Landowner, its successors and assigns, in accordance with the plans and specifications identified in the Plans and documents reviewed and approved by the Northampton Department of Public Works (DPW). 2. The Landowner, its successors and assigns, including any homeowners association, shall adequately maintain the stormwater management facilities according to the maintenance schedule described in Attachment A. This includes all pipes and channels built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions and so that water quality standards are imet in all seasons and throughout the life of the stormwater system. 3. The Landowner, its successors and assigns, shall inspect the stormwater management facility; and shall submit an annual report documenting the inspection and maintenance of the stormwater management system as certified by Registered Professional Engineer and submitted to the Northampton Department of Public Works annually by October 1St of each year. The purpose of O&M Agreement -rev. 8/21/2006 Page 1 of 3 the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the-entire-facilities, stormwater systems, berms, outlet structure, pond'areas, access roads, etc: Deficiencies shall be noted in the inspection report. 4. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the stormwater management facilities whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies, inspect the stormwater management facilities when annual reports have not been submitted and/or to respond to citizen complaints. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 5. In the event the Landowner, its successors and assigns, fails to maintain the stormwater management facilities in good working condition acceptable to the City, and if after notice by the City Engineer to correct a violation requiring maintenance work, satisfactory corrections are not made by the Landowner, its successors and assigns within thirty days, the City may enter upon the Property and perform all necessary work to place the facility in proper working condition and assess the costs of such work and any penalties to the Landowner, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Landowner outside of the easement for the stormwater management facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. 6. In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, ~ _ _ the Landowner, its successors and assigns,, shall reimburse the City upon demand, within thirty __ (30) days of receipt thereof for all actual costs incurred by the City hereunder. 7. This Agreement imposes no liability of any kind whatsoever on the City; and further the Landowner agrees to hold the City harmless from any liability in the event the stormwater management facilities fail to operate properly. 8. The Landowner, its successors and assigns, including any homeowners association, shall provide stormwater management easements as necessary for all areas used for off-site stormwater control, preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities, including flood routes for the 100-year storm event, and access for facility maintenance and inspection. A list of easements with the purpose and location of each shall be specified in Attachment B. The Landowner, its successors and assigns shall record all easements in the land records of the Hampshire County Registry of Deeds, Commonwealth of Massachusetts. 9. The Landowner, its successors and assigns, shall notify the DPW of any changes in ownership, assignment of financial responsibility, reconstruction of the approved stormwater management facilities and/or amendments to the maintenance schedule described in Attachment A. The maintenance schedule described in Attachment A may be amended to achieve the purpose of the Northampton Stormwater Management Ordinance by mutual agreement of the DPW and the Landowner, its successors and assigns. Amendments shall be in writing and signed by the DPW and all responsible parties. 10. This Agreement shall be recorded by the property owners or at the properly owners expense among the land records of Hampshire County, Commonwealth of Massachusetts, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners association. O&M Agreement -rev. 8/21/2006 Page 2 of 3 WITNESS the following signatures and seals: _-_ _- Company/Corporation/Partnership Name (Seal) B . 1°" ~'~ y~ Type Name) (Type Title) ~I~iICOMMONWEALTH OF MASSACHUSETTS County of Ids ' e `'~' On this( day of ~ , 2047, before me, the undersigned notary public, personally appeared ~ ,,.. , proved to me through satisfactory evidence of identification, which was a Driver's License, to be the pe son who a name is signed on the proceeding document, and aclrnowledged .to me that he signed it voluntarily for its stated purpose. AZt~~IV NIGOGHOSIAN R P LI '~ Notary Public_ ~.~ COMMONWEALTH OF MA9SACHU5ETT9 My CommlSSlori EXpireS: My Commission Expires March 7, 21314 By: COMMONWEALTH C County of Hampshire / ,, On this L-day of ~~ ~L°~~2 , 20~ before me, the undersigned notary public, personally appeared d9s /V CJ2~"F ,{fiaai hS , proved to me. through satisfactory evidence of identification, which was a Driver's Licens , to be the pers hose name is signed on the proceeding document, a~Ld aclcnowle ed to me that he signed it voluntarily for its stated purpose. L~~ ~ OFFICIAL SEAL NOTARY PUBLIC . CORINNE PHILIPPIDES NC)I'HRY PUBLtC COMMONWEALTH OFMASSACNUSETTS . My Comm. Expires Nov. 10; 2011 Approve o F Janet M, Sheppard, i Solicitor My Commission Expires: ~ /d l ~`~O Date O&M Agreement -.rev. 8!21/2006 Page 3 of 3 ,. AT"~'ACHMF+ loT~ A Stormwater Facility Maintenance Schedule Name of Project: 352 Chesterfield Road /Single Family Residence Project Location: 352 Chesterfield Road, Northampton, MA Assessor's Map, Parcel(s): 15, 020-001 Owner of the Stormwater System: Robert Sproull 239 Kenrick Street Newton, MA 02458-2731 (617) 964-7793 Responsible Party for Operation & Maintenance of Stormwater System: Robert Sproull Financial Responsibility for Operation & Maintenance of Stormwater System: Robert Sproull Maintenance Schedule Drainage System All components of the drainage system shall be inspected at least once per year or immediately after major storm events and upon evidence of malfunction. The owner shall keep the stormwater system in good working condition at all times. Inspection and maintenance procedures are described below: Water Quality Basins and Diffuser The six Water Quality Basins and one Diffuser shall be inspected annually for cracking and erosion of side slopes and embankments, accumulation of sediment, performance of outlet structures, condition of vegetative cover, and overall performance according to the design. The Water Quality Basins and the Diffuser have been designed to infiltrate stormwater into the ground at prescribed rates. Ponded or standing water in the Water Quality Basins or the Diffuser 48 hours or longer following a rain event greater than 1 inch over 24 hours is evidence that the structures have failed to operate as designed and shall be discussed in the annual report. Maintenance: • All areas in the Water Quality Basins devoid of vegetation or found to be eroding shall be immediately repaired. Repairs shall include replacement of eroded soils, re-establishment and Attachment A: Stormwater Facility Maintenance Schedule Page 1 of 2 7 J~ i~ a ~~ n; protection of vegetative cover, and immediate stabilization with erosion control measures to control erosion until stabilization occurs. • Any objects that could block the outlet structures of the basins or road culverts (such as rubbish or .fallen limbs) shall be removed and disposed of accordingly. • Sediment shall be removed from the Water Quality Basins and Diffuser when it reaches a thickness of 6 inches in relation to the outlet weirs and/or as necessary for the proper functioning of the system. • All material removed from Water Quality Basins and Diffuser shall be disposed in accordance with applicable local, state, and federal guidelines and regulations. Clean sediment can be spread as fill within the parcel on upper reaches (higher elevations) of the site. Swales All stormwater swales shall be inspected annually for cracking and erosion of side slopes, accumulation of excess sediment, and condition of vegetative cover. All areas in the swales devoid of vegetation or found to be eroding shall be immediately repaired by replacement of eroded soils, re-establishment and protection of vegetative cover, and immediate stabilization with erosion control measures to control erosion until stabilization occurs. Swales shall be cleaned of debris and sediment when material has filled 25% of the capacity or as necessary to ensure proper operation. Clean sediment can be spread as fill within the parcel on upper reaches .(higher elevations) of the site. Outlets of Drainage System _ All areas down gradient of the Diversion .Berm, outlet weirs of the Water Quality Basins, outlets of swales, and outlet of driveway culverts shall be examined for evidence of erosion. Any areas devoid of vegetation shall be loamed, seeded and protected with mulch or other suitable material. Driveway Maintenance The stone surface driveway shall be maintained on a continual basis. Potholes or eroded areas shall be fine graded and stoned as required. Vegetated shoulders shall be repaired, if eroded or damaged during the winter, with compacted base material, 4" minimum depth loam and seeded. All stone surface material disturbed during winter plowing shall be cleaned up from vegetated areas and re-used on the driveway surface. All disturbed or damaged vegetated areas shall be restored, reseeded as required after each winter season. Winter Maintenance Snow shall not be plowed into the Water Quality Basins, Diffuser, or any wetland resource areas and shall be kept from accumulating in the drainage swales. Record Keepins and Annual Reports Records shall be maintained by Robert Sproull and his successors as their interest may appear as owner of record of the property at their offices as described above and shall document all routine and emergency maintenance work performed by licensed contractors to the stormwater management system and shall bear the signature of the individual supervising the work. Annual reports documenting the inspection and maintenance of the stormwater management system shall be certified by Registered Professional Engineer and submitted to the Northampton Department of Public Works and the Northampton Office of Planning and Development no later than October lst of each year. Attachment A: Stormwater Facility Maintenance Schedule Page 2 of 2 . Official Receipt for Recording in: Hampshire County Registry of Deeds 33 King St. Northampton, Massachusetts 01060 Issued To: WILLIAM CANON 158 NORTHRMPTON ST EASTHAMPTON MA 01027 Recording Fees Document Recording Description Number Book/Page Amount AGR 00024053 9273 182 $75.00 SPROIIII, ROBT ---- $15.00 Collected Amounts Payment -Type _ _ Amount _. __ Cash $100.00 - $100.00 Total Received : $100.00 Less Total Recordings: $75.00 Change Due - $25.00 Thank You MARIANNE DONOHIIE -.Register of Deeds By: Debbie L RecelptR Date Time 0179751 09/21/2007 Q1:44p ~ k i F City of Northampton Department of Public Works STORMWATER MANAGEMENT PERMIT AI'PLICA.TI®1~ D]ECISI®1!T Project /Site Name: Sproull Residence Project Street or Location /Assessor ID: 340-356 Chesterfield Rd Northampton MA /Map 15 Parce1020 Applicant Name: William Cannon Applicant Address/Phone:158 Northampton St., Easthampton MA / 413-527-6535 Owner -Name: Robert Snroull. Owner Address/Phone:_ 239 Kendrick Street, Newton MA / 617-964-7793 Application Submission Date:12/20/2006 THE FOLLOWING ACTION BY THE NORTHAMPTON DEPARTMENT OF PUBLIC WORKS HAS BEEN TAKEN ON THIS APPLICATION BASED ON INFORMATION PRESENTED:... Disapproval of the Stormwater Management Permit Application based on a determination within seven days of the receipt of the application that the application is administratively incomplete (see attached documentation). Approval of the Stormwater Management Permit Application. X Approval of the Stormwater Management Permit Application subject to any co>ditions, modifications or restrictions required by the Department of Public Works (see below) Disapproval of the Stormwater.Management Permit Application based upon a determination that the proposed plan, as submitted, does not meet the purposes set forth in the Northampton Stormwater Management. Standard Permit Conditions: 1. All clearing, grading, drainage, construction, and development shall be conducted in strict accordance with the following plans and information submitted with the application and as amended by any conditions attached to this permit: E:\Stormwater Permits\Stormwater Permits\Permits_new applications\340-356 Chesterfield Rd.doc Page 1 of 3 ~5 a ° a. Site Plans for Sproull Residence 352 Chesterfield Road, Northampton, Massachusetts, Sheets Lr-101, L-102, L-103, L-104, L-105 stamped and dated 7/2/2007 by 1Vlark A1VIcClusky, P.E., Huntley Associates, P.C. b. Drainage Report for 352 Chesterfield Road/Robert Sproull including Drainage Calculations and Test Pit Data, dated 6/5/2007, stamped by Mark A. McClusky, P.E., Huntley Associates, P.C. c. Revised Drainage Calculations for post construction conditions for 352 Chesterfield Road, dated 6/26/2007, stamped by Mark A. McClusky, P.E., . Huntley Associates, P.C. d. Draft Stormwater Pollution Prevention Plan (SWPPP) for Sproull Residence, Chesterfield Rd., prepared by William A. Cannon, Landscape Architect, dated 3/1/2007. e. Letter and Test Pit Percolation Test Information for 352 Chesterfield Road from Mark McClusky, P.E., Huntley Associates, P.C., dated Apri112, 2007. 2. The Northampton Department of Public Works (DPW) or its authorized representative shall be provided access to the property to conduct inspections before, during, and after construction activities as necessary. The applicant shall arrange with the DPW to schedule the following inspections: Initial Inspection, Erosion Control Inspection, Bury Inspection, and Final Inspection. The DPW may also conduct random inspections to ensure effective control of erosion and sedimentation during all phases of construction. 3. At the completion of the work, including construction of stormwater management facilities and landscaping, the applicant shall submit a statement to .the DPW from a__ __ professional engineer of record in the Commonwealth of Massachusetts certifying that the materials and construction of the stormwater management system was constructed in accordance with the approved plans and will function as designed. All changes to the approved stormwater facilities shall be documented by a professional engineer of record in the Commonwealth of Massachusetts and approved by'the DPW prior to submission of the certification statement described above. 4. Annual Reports that are stamped by a Registered Professional Engineer documenting the actions completed as required by the Operation, Maintenance and Inspection Agreement shall be submitted to the Northampton Department of Public Works by October 1st of each year. 5. If construction of the proposed stormwater system has not started within five years of the issue date of this permit; then the permit will expire and a new permit will be required. Construction is defined as clearing, grading, excavation, filling, and installation of drainage structures on the lots specified in this permit. Specific Permit Conditions: 1. Prior to issuance of a Building Permit, the applicant shall record an executed Stormwater Operation, Maintenance, and Inspection Agreement that is binding on all subsequent owners of land served by the private stormwater management facility by recording it in the land records of the Registry of Deeds. This agreement shall be approved by the Northampton DPW and signed by the owner and the Mayor of Northampton. Section 22- E:\Stormwater Permits\Stormwater Permits\Permits_new applications\340-356 Chesterfield Rd.doc Page 2 of 3 • it 'l 85 of the Northampton Stormwater Management Ordiriance provides additional guidance for the requirements of this agreement. _ _ 2. This project will be required to submit one or more Notice of Intent (NOI) to the U.S. EPA for coverage under the NPDES Stormwater Construction General Permit. A copy of the final NOI and Stormwater Pollution Prevention Plan (SWPPP) shall be submitted to the Northampton DPW prior to the start of construction and prior to issuance of a building permit. 3. The lower section of the driveway at Chesterfield Road shall be graded so that runoff from the driveway will sheet flow off the roadway and not to Chesterfield Road. 4. The proposed Stormwater management system is designed to mitigate peak stormwater flows. If, after construction of the proposed system, the system is found to increase stormwater flows to Chesterfield Road or to adjacent properties, the owner shall redesign and reconstruct the drainage system to prevent any increased stormwater flows. 5. The Site Plans specify the area that will be cleared and the area of proposed impervious surface. Any expansion of the cleared area beyond that specified on the plan or increase in the area of the driveway, house, or any impervious surface as specified on the approved plans shall require an amendment to the Stormwater Management Permit approved by the Northampton DPW. 6. .The driveway has been specified as 12 -foot wide with a 2" crushed stone surface with a - - center crown in all sections except between station 24 and 25. Any change of the surface or grading of the driveway shall require an amendment to the Stormwater Management Permit approved by the Northampton DPW. 7. All stormwater systems shall be installed as proposed and stabilized prior to receiving drainage flows and within 4 months of the installation of gravel driveway or start of building construction. 8. Prior to issuance of any certificate of occupancy, the driveway shall be constructed as proposed and conditioned by this permit, and all land adjacent to the driveway shall be stabilized and vegetation established. ~ '~ . ~ Signatu a of City Engineer Date cc. Planning Board c/o Office of Planning and Development Building Department Conservation Commission c/o Office of Planning and Development E:\Stormwater Permits\Stormwater Permits\Permits new applications\340-356 Chesterfield Rd.doc Page 3 of 3 A F City of Northampton Department of Public Works STORIVIWATER MANAGEMENT PERMIT APPLICATION DECISION Project /Site Name: Sproull Residence Project Street or Location /Assessor ID: 340-356 Chesterfield Rd., Northampton, MA /Map 15, Parce1020 Applicant Narne: William Cannon Applicant Address/Phone:158 Northampton St., Easthampton, MA / 413-527-6535 Owner Name: Robert Sproull Owner Address/Phone: 239 Kendrick Street, Newton, MA / 617-964-7793 Application Submission Date:12/20/2006 THE FOLLOWING ACTION BY THE NORTHAMPTON DEPARTMENT OF PUBLIC WORKS HAS BEEN TAKEN ON THIS APPLICATION BASED ONINFORMATION PRESENTED: Disapproval of the Stormwater Management Permit Application based on a determination within seven days of the receipt of the application that the application is administratively incomplete (see attached documentation). Approval of the Stormwater Management Permit Application. X Approval of the Stormwater Management Permit Application subject to any conditions, modifications or restrictions required by the Department of Public Works (see below) Disapproval of the Stormwater Management Permit Application based upon a determination that the proposed plan, as submitted, does not meet the purposes set forth in the Northampton Stormwater Management. Standard Permit Conditions: 1. All clearing, grading, drainage, construction, and development shall be conducted in strict accordance with the following plans and information submitted with the application and as amended by any conditions attached to this permit: E:\Stormwater Permits\Stormwater Permits\Permits_new applications\340-356 Chesterfield Rd.doc _. _ ...Page 1 of 3 a. Site Plans for Sproull Residence 352 Chesterfield Road, Northampton, Massachusetts, Sheets L-101, L-102, L-103, L-104, L-105 stamped and dated 7/2/2007 by Mark A. McClusky, P.E., Huntley Associates, P.C. b. Drainage Report for 352 Chesterfield Road/Robert Sproull including Drainage Calculations and Test Pit Data, dated 6/5/2007, stamped by Mark A. McClusky, P.E., Huntley Associates, P.C. c. Revised Drainage Calculations for post construction conditions for 352 Chesterfield Road, dated 6/26/2007, stamped by Mark A. McClusky, P.E., Huntley Associates, P.C. d. Draft Stormwater Pollution Prevention Plan (SWPPP) for Sproull Residence, Chesterfield Rd., prepared by William A. Cannon, Landscape Architect, dated 3/1/2007. e. Letter and Test Pit Percolation Test Information for 352 Chesterfield Road from Mark McClusky, P.E., Huntley Associates, P.C., dated Apri112, 2007. 2. The Northampton Department of Public Works (DPW) or its authorized representative shall be provided access to the property to conduct inspections before, during, and after construction activities as necessary. The applicant shall arrange with the DPW to schedule the following inspections: Initial Inspection, Erosion Control Inspection, Bury Inspection, and Final Inspection. The DPW may also conduct random inspections to ensure effective control of erosion and sedimentation during all phases of construction. - 3. At-the completion of the-work, including construction of stormwater management - - - facilities and landscaping, the applicant shall submit a statement to the DPW from a professional engineer 'of record in the Commonwealth of Massachusetts certifying that the materials and construction of the Stormwater management system was constructed in accordance with the approved plans and will function as designed. All changes to the approved stormwater facilities shall be documented by a professional engineer of record in the Commonwealth of Massachusetts and approved by the DPW prior to submission of the certification statement described above. 4. Annual Reports that are stamped by a Registered Professional Engineer documenting the actions completed as required by the Operation, Maintenance and Inspection Agreement shall be submitted to the Northampton Department of Public Works by October 1St of each year. 5. If construction of the proposed stormwater system has not started within five years of the issue date of this permit, then the permit will expire and a new permit will be required. Construction is defined as clearing, grading, excavation, filling, and installation of drainage structures on the lots specified in this permit. Specific Permit Conditions: 1. Prior to issuance of a Building Permit, the applicant shall record an executed Stormwater Operation, Maintenance, and Inspection Agreement that is binding on all subsequent owners of land served by the private stormwater management facility by recording it in the land records of the Registry of Deeds. This agreement shall be approved by the Northampton DPW and signed by the owner and the Mayor of Northampton. Section 22- E:\Stormwater Permits\Stormwater Permits\Permits_new applications\340-356 Chesterfield Rd.doc Page 2 of 3 85 of the Northampton Stormwater Management Ordinance provides additional guidance for the requirements of this agreement. 2. This project will be required to submit one or more Notice of Intent (NOI) to the U.S. EPA for coverage under the NPDES Stormwater Construction General Permit. A copy of the final NOI and Stormwater Pollution Prevention Plan (SWPPP) shall be submitted to the Northampton DPW prior to the start of construction and prior to issuance of a building permit. 3. The lower section of the driveway at Chesterfield Road shall be graded so that runoff from the driveway will sheet flow off the roadway and not to Chesterfield Road. 4. The proposed Stormwater management system is designed to mitigate peak Stormwater flows. If, after construction of the proposed system, the system is found to increase Stormwater flows to Chesterfield Road or to adjacent properties, the owner shall redesign and reconstruct the drainage system to prevent any increased Stormwater flows. 5. The Site Plans specify the area that will be cleared and the area of proposed impervious surface. Any expansion of the cleared area beyond that specified on the plan or increase in the area of the driveway, house, or any impervious surface as specified on the approved plans shall require an amendment to the Stormwater Management Permit approved by the Northampton DPW. 6. The driveway has been specified as 12 foot wide with a 2" crushed stone surface with a center crown in all sections except between station 24 and 25. Any change of the surface or grading of the driveway shall require an amendment to the Stormwater Management Permit approved by the Northampton DPW. 7. All Stormwater systems shall be installed as proposed and stabilized prior to receiving drainage flows and within 4 months of the installation of gravel driveway or start of building construction. 8. Prior to issuance of any certificate of occupancy, the driveway shall be constructed as proposed and conditioned by this permit, and all land adjacent to the driveway shall be stabilized and vegetation established. L , r` t'/ Signatu e of City Engineer Date cc. Planning Board c/o Office of Planning and Development Building Department Conservation Commission c/o Office of Planning and Development E:\Stormwater Permits\Stormwater Permits\Permits_new applications\340-356 Chesterfield Rd.doc Page 3 of 3 _