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Atwood Dr_Northwood Development_OM Recorded_20110311Bk: 1111 SPg: 134 Page: 1 of B Recorded: 11113/2012 12:00 PM STORMWATER MANAGEMENT OPERATION, MAINTENANCE AND INSPECTION AGREEMENT City of Northampton, MA Department of Public Works (413) 587-1570 Professional Park. LLC hereinafter called the "Landowner", and the ity of Northampton, hereinafter called the "City". WITNESSETH, that WHEREAS, the Landowner is the owner of certain real property at Atwood Drive as described as City of Northampton Assessors Map 39. Multiple Parcels as recorded by deed in the land records of Hampshire County, Massachusetts, Deed Book 10726 Page~, 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 Northwood 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 ofNorthampton, 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 Northampton Stormwater Management Ordinance (Chapter 281 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 met 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 a Registered Professional Engineer or other qualified stormwater professional as approved by the DPW and submitted to the Northampton Department of Public Works by October I st each year. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities, stormwater OM Agreement rev 9 _ 08 .doc -rev 9/ 18/08 Page1of3 Bk: 11115 Pg: 135 systems, berms, outlet structure, pond areas, access roads, etc. Deficiencies and a plan to correct 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 storm water runoff conveyance, infiltration, and detention areas and facilities, including flood routes for the I 00-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 property 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. OM Agreement rev 9 _ 08 .doc -rev 9/18/08 Page 2 of 3 Bk: 11115 Pg: 136 WITNESS the following signatures and seals: Oxbow Professional Park, LLC Company/Corporation/Partnership Name (Seal) Edward J. O'Leary General (Type Title) COMMONWEAL TH OF MASSACHUSETTS County of Hampshire On this .} 0 day of J"tl./5u)-l , 20/r),_, before me, the undersigned notary public, personally appeared 6Ji.., •,,'1 0 1 Lr" J? , proved to me through satisfactory evidence of identification, which was a Driver's License, to be the person whose name is signed on the proceeding document, and acknowledged to me that he signed it voluntarily for its stated purpose. NOTARY PUBLIC 12-13-2013 My Commission Expires: ____ _ By~~-~-~-:----------~~ COMMONWEAL TH OF MASSACHUSETTS County of Hampshir~ I"') "'-L _ On this /f4 day of c./C I fl l'f:'/' , 20/2, before me, the undersigned notary public, personally appeared "JJ"4/ Jll ::J: l\flf«J(l;W/CZ,proved to me through satisfactory evidence of identification, which was a Driver's License, to be the person whose name is signed on the proc;?ding d~cument, and cknowledged to me that he signed it voluntarily for its stated purpose. ~ ~ · ' ' . NOTARY PUBLIC My Commission Expires: Approved as to Form: Janet M. Sheppard, City Solicitor Date OM Agreement rev 9 _08.doc -rev 9/18/08 Page 3 of 3 Bk: 11115 Pg: 137 ATTACHMENT A Stormwater Facility Maintenance Schedule Name of Project: Northwood Development Project Location: Atwood Prive. Northampton. MA Assessor's Map, Parcel(s): Maps 39 and 46; Multiple Parcels Owner of the Stormwater System: Oxbow Professional Park, LLC owns the facility and will be responsible for compliance with all environmental permits. Contact information is as follows: Oxbow Professiona I Park, LLC ATTN: Travis Ward, Manager P.O. Box 528 Agawam, MA 01001 (413) 789-3720 Responsible Party for Operation & Maintenance of Stormwater System During construction of the proposed storm water improvements, the Contractor shall have responsibility for day-to-day operation and maintenance of all stormwater control systems, as well as compliance with the EPA NPDES Construction General Permit and adherence to the SWPPP for the project. At the time that construction is complete, Oxbow Professional Park, LLC will take over all maintenance requirements for the stormwater control systems. Financial Responsibility for Operation & Maintenance of Stormwater System: Oxbow Professional Park, LLC owns the facility and will be responsible for compliance with all environmental permits. The Owner will hold the financial responsibility for all maintenance and emergency repairs to the stormwater management system. Maintenance Requirements Parking Lot Sweeping The parking lots and paved areas will be swept a minimum of twice per year, including once in the spring after snow melt. Any sediment collected will be transported and disposed of off-site in accordance with applicable regulations. Grassed Channels Inspect after any storm event where 2.5 Inches, or more, of rain falls within a 24-hour period (i.e. 1-year storm event) during construction, and annually upon completion of construction activities. The channels should be mowed once a month during the growing season and sediment should be removed annually. Repairs should occur as needed, but no less than once a year. Any erosions in the channels should be repaired with loam and seeded upon discovery. Page 1 of 5 Bk: 11115 Pg: 138 Deep Sump Hooded Catch Basins and Drainage Manholes Inspect after any storm event where 2.5 inches, or more, of rain falls within a 24-hour period (i.e. 1-year storm event) during construction, and semi-annually upon completion of construction activities. Clean structures to remove any accumulated sediment and floatables when more than 1.5 feet of sediment has accumulated at the base of the catch basin or if sediment is inhibiting the flow through the structure or once annually, whichever occurs first. Sediment and debris will be transported and disposed of off-site In accordance with applicable regulations. The units should be inspected four times a year and at the end of foliage and snow removal seasons. Clean whenever the depth of deposits is greater than or equal to one half the depth from the bottom of the invert of the lowest pipe In the basin, or at a minimum once per year. A clamshell bucket or vacuum truck can be used to remove sediment. Contaminated catch basin sediments must be evaluated in accordance with 310 CMR 30.000 and handled as hazardous waste, but in the absence of contamination, cleanings may be taken to a landfill for disposal. Catch basins should be cleaned immediately with a vactor truck following an oil, fuel or chem lea I spill. Stormceptor STC 450i The unit must be inspected and cleaned in strict accordance with the manufacturer's requirements. According to Stormceptor, the following maintenance activities are re com mended: • Units should be inspected post construction, prior to being put into service. • Inspect every six months for the first year to determine the oil and sediment accumulation rate. • In subsequent years, inspections can be based on first-year observations or local requirements. • Cleaning is required once the sediment depth reaches 15% of storage capacity or at least once per year. • Inspect and clean the unit immediately with a vactor truck after an oil, fuel or chem ica I spill. • A licensed waste management company should remove oil and sediment and dispose responsibly. Bioretention Areas Inspect after any storm event where 2.5 inches, or more, of rain falls within a 24-hour period (i.e. 1-year storm event) during construction, and monthly upon completion of construction activities. Observe that the bioretention areas a re operating as intended. The bioretention a re as are designed to collect, store and Im prove the quality of storm water conveyed from the impervious areas until the stormwater fills to the elevation of the catch basin grate in the bioretention area. Failure of the bioretention areas can occur if sediment and debris is allowed to build up to the point where infiltration and plant growth is inhibited. Therefore, bioretention areas must be inspected for sediment and debris build-up and erosion on a monthly basis. If there is accumulation of sediment and debris over 2 Inches In depth in any area, the sediment and debris shall be removed, transported and disposed of off-site in accordance with applicable regulations. The vegetation in the bioretentlon areas shall be inspected and maintained in accordance with the following: Mulch In the spring, fertilize annually, remove dead vegetation in the fall, replace dead vegetation in the spring, and prune annually. If it is necessary to remove all media and vegetation, it should be Page 2 of 5 Bk: 11115 Pg: 139 completed In the late spring or early summer. Media replacement should occur when the cation exchange capacity of the soil decreases. Remove sediment from gravel filter strips when a visual inspection shows that 25% of the visible area has accumulated sediment. This can be done by complete exchange of the gravel or at a minimum removal of the sediment laden gravel with replacement to bring the gravel back to grade. Infiltration Basin Inspect after any storm event where 2.5 Inches, or more, of rain falls within a 24-hour period (i.e. 1-year storm event) during construction and semi-annually upon completion of construction activities. Observe that the infiltration basin Is operating as Intended after every major storm (equal to or greater then a 2-yr, 24 hr storm event) during the first three months of operation and twice a year thereafter. The infiltration basin shall be inspected for debris and sediment build-up, erosion, settlement and the condition of the inlet and outlet structures. Attention should also be given to any cracking, leakage of embankment, tree growth on embankments, condition of rip rap and health of the turf. Any of these issues that are discovered during the Inspection should be repaired Immediately Trash and debris shall be removed on a semi-annual basis. Sediment shall be removed as necessary, but not less than every five years. Sediment posts should be monitored with the Inspections to determine the depth of the sediment as a way to determine If removal Is necessary. Sediment and debris shall be transported and disposed of off-site in accordance with applicable regulations. The basin vegetation shall be mowed on a semi-annual basis to a height of no less than 4 Inches. Remove grass clippings and organic matter from basin bottom. If sediment depth in the basin exceeds 6", removal is required. Use light equipment to remove the top layer (6") when it is thoroughly dry. Till the remaining soil and re vegetate with Erosion Control Moist Site seed m Ix as soon as possible. The infiltration basin is designed to detain stormwater collected on the site and maximize infiltration before discharge. If there is standing water in the basin at 72 hours after a storm, the basin is not performing as designed. If this occurs, the above procedures of inspection, trash debris and sediment removal, and revegetatlon shall be initiated immediately. If there is no improvement upon correction, the top layer of the infiltration basin bottom shall be removed and replaced according to the original specifications. Infiltratjon Basin Outlet Control Structure Inspect after any storm event where 2.5 Inches, or more, of rain falls within a 24-hour period (i.e. 1-year storm event) during construction and semi-annually upon completion of construction activities. Observe that the outlet control structure Is operating as Intended. The outlet control structure Is designed to detain and control the outflow of storm water from the Infiltration basin to maximize infiltration. This structure shall be Inspected for sediment and debris build-up and damage. Sediment and debris shall be removed as necessary and transported and disposed of off-site in accordance with applicable regulations. Stormwater Overflow Area Inspect after any storm event where 2.5 inches, or more, of rain falls within a 24-hour period (i.e. 1-year storm event) during construction and semi-annually upon completion of construction activities. The Stormwater Overflow Area shall be inspected for debris and sediment build-up, erosion and settlement. Trash, debris and sediment shall be removed on a semi-annual basis. If sediment removal Is required in this area, use light equipment to Page 3 of 5 Bk: 11115 Pg: 140 remove the top layer when it is thoroughly dry. Till the remaining soil and revegetate as soon as possible. Record Keeping and Annual Reports Records shall be maintained by Oxbow Professional Park, LLC at their offices as described above and shall document all routine and emergency maintenance work performed on 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 a Registered Professional Engineer and submitted to the Northampton Department of Public Works and the Northampton Office of Planning and Development no later than October 1st of each year. Chemical and Pesticide Application Guidelines Avoid fertilizer and pesticide application whenever possible. Fertilizer application on the site shall be limited to the following four-step fertilization program available from Organica, or similar nutrient and soil structure improvement program based on natural non-pathogenic materials. Chemical fertilizer should not be applied to the Infiltration Basin, Stormwater Overflow Area, or the Bioretention Areas. 1. Early Spring: Application of Lawn Booster (8-0-1) at 25 lbs per 2,500 sq.ft. 2. Late Spring: Application of Kelp Booster Plus at 35 lbs per 5,000 sq. ft. 3. Late Summer: Application of Kelp Booster Plus at 35 lbs per 5,000 sq.ft. 4. Early Fall: Application of Lawn Booster (8-0-1) at 25 lbs per 2,500 sq.ft. Pesticide application on the site should be in accordance with label instructions and the Federal Insecticide, Rodenticide and Fungicide Act (FIFRA). Pesticides should not be used In the Infiltration Basin, Stormwater Overflow Area, or the Bloretentlon Areas. Motor Vehicle Fluid Release Protocol Fluids released from vehicles or vehicle maintenance potentially include surfactants, petroleum hydrocarbons, toxic organic compounds, oils and greases, nutrients, metals, and suspended solids. These pollutants must not be discharged to the stormwater management system. The following spill response protocol should be followed to prevent movement of the substance into the stormwater management system. For Small Spills ( < 10 gallons) For small spills that are located outdoors, the following procedures will be followed: • Locate the source of spill and immediately stop discharge of product, if possible • Protect any nearby catch basins with sorbent booms • Block off the area to prevent traffic flow from entering the spill area and notify people in the Immediate area • Deploy spill cleanup materials (e.g., sorbent booms, sorbent pads, speedy dry, etc.) as appropriate • In accordance with the "one drop" policy, sorbents can be disposed of as solid waste if they do not contain free-flowing waste oil and they a re used only for spills or lea ks when collection of waste oil as liquid is not feasible or practical. For Large Spills (> 10 gallons) For large spills that are greater than 10 gallons located outdoors, the following procedures wil I be fol lowed: • Notify the facility director • Locate the source of spill and immediately stop discharge of product, if possible • If there is a potential for fire, call the fire department immediately • Notify and mobilize a spill cleanup contractor. Page 4 of 5 Bk: 11115 Pg: 141 • Block off the area to prevent traffic flow from entering the spill area • Additional cleanup activities will include spill containment and oil skimming of free product from the pond If required • If applicable, notify the National Response Center (If the spill can enter a waterway) and the DEP if the spill is greater than the reportable quantity for that material (10 gallons for diesel fuel or waste oil). The DEP phone number for release reporting Is (888) 304-1133. • Once a spill has been contained, and the leak repaired, cleanup crews may begin to remove the spilled oil using oil sorbent materials. On permeable surfaces, this will include removing the affected surface material around the spill site. The oil spill area will be cleaned up to visible traces. • All cleanup materials, including protective clothing (if contaminated with oil) will be placed In standard Department of Transportation (DOT) open-top drums. Drums should be filled with sufficient absorbent material to eliminate liquids. • Full drums should be covered with the appropriate lid and ring. The drum is labeled with material name, hazard identification, and the date. Winter Maintenance The flow path to Grassed Channels and Bloretentlon Areas shall be kept clear of snow and ice and sha II allow flow to the stormwater structures during all seasons. This is Inclusive of the area between these structures and the impervious area. Snow shall not be plowed Into the grass channels, bioretention systems, infiltration basin or stormwater overflow area or in any way decrease the capacity or functioning of the stormwater management system. Pages of 5