Kollmorgen OM 20110628' .
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J'15-l \
STORMWATER MANAGEMENT OPERATION,
MAINTENANCE, AND INSPECTION AGREEMENT
City of Northampton, MA
Department of Public Works
(413) 587-1570
111u~~1,1111
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Recorded: 06/28/2011 02:05 PM
THIS AGREEMENT, made and entered into this 2.1 day of ';{~ 20 lL, by and between Kollmorgen
Corporation.._hereinafter called the "Landowner", and the City ofNorthampton, hereinafter called the "City".
WITNESSETH, that WHEREAS, the Landowner is the owner of certain real property at 50 Prince Street as
described as (City of Northampton Assessors Map/Parcel/Lot Number) _Lot 2, Plan 221, Page 81 as recorded by
deed in the land records of Hampshire County, Massachusetts, Deed Book _9957, Page _123, 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 Kollmorgen Electro-Optical Headquarters at Village Hill dated .May 2009 and
revised June 2009, hereinafter called the "Plan", which is expressly made a part hereof, as approved er te be
appre•1ee 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 oftlie 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 storm water 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 1st 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 _ 2008FINAL -rev 9/18/08 Page 1 of3
Bk: 10585 Pg: 48
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 ofreceipt 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 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 storm water 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 _ 2008FJNAL -rev 9/18/08 Page 2 of3
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WITNESS the following signatures and seals:
Kollmorgen Corporation
Company/Corporation/Partnership Name (Seal)
s/:i?a cirJfV ~
Dtzvr~ Lu 6-ra~S
(Type Name)
0ce frertde11±=
(Type Title)
COMMONWEALTH OF MASSACHUSETTS
County of Hampshire
On this/ '7 day of CJ-/A.bVC ,. , 2011_, 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 person whose name is signed on the proceeding document, and acknowledged to me that
he signed it voluntarily for its stated purpose.
My Commission Expires:CJ/QJ ~ 8" /J
County ofHamps,Wretf
On this _'L_i/_ d~y of 201.!._, before me, the undersigned notary public, personally
appeared · / proved to me through satisfactory evidence of identification, which was a
Driver's License, t be the person ose name is signed on the proceeding document, an acknowledged to me that
he signed it voluntarily for its stated purpose. · ·
~ OFFICIAL SEAL 9 CORINNE PHILIPPIDES
NUlARY PUBLIC
COMMONWEAi.TH OF MASSACHUSETTS
My Comm. Expires Nov. JO, 201\
Approved as to Form:
City Solicitor
OM Agreement rev 9 _ 2008FINAL -rev 9/18/08
Date
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ATTACHMENT A
Stormwater Facility Maintenance Schedule
Name of Proje~t: Kollmorgen Electro-Optical Facility
Project Location: Village Hill South Campus -Prince Street
Assessor's Map, Parcel(s): Map 38A. multiple Parcels
Owner of the Stormwater System:
Kollmorgen owns the facility and will be responsible for compliance with all environmental
permits.
Responsible Party for Operation &. Maintenance of Stormwater
System
During construction of the proposed stormwater 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, Kollmorgen will take
over all maintenance requirements for the stormwater control systems.·
Financial Responsibility for Operation &. Maintenance of Stormwater
System:
Kollmorgen owns the facility and will be responsible for compliance with all environmental
permits.
Maintenance Schedule -(see attached plans for locations)
Parking Lot Sweeping
The parking lots and paved areas will be swept a minimum of twice per year, including once
in the spring soon after snow melt. Any sediment collected will be transported and disposed
of off-site in accordance with applicable regulations.
Catch Basins and Manholes
Inspect semi-annually and after any storm event where 2.5 inches, or more, of rain falls
within a 24-hour period.
Clean structures to remove any accumulated sediment and floatables which inhibit the flow
through the structure. Catch basins shall be cleaned twice per year, once in the spring
(April-May), and once in the fall (October-November). Sediment and debris shall be
transported and disposed of off-site in accordance with applicable regulations.
All Bioswales and Bioretention Areas
Inspect quarterly upon completion of construction activities.
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Observe that the bloswales and bioretention areas are operating as intended. The bioswales
are designed to collect and convey stormwater from the parking lots to the bioretention
areas. The bioretention areas ar~ designed to collect, store and Infiltrate stormwater
conveyed from the bioswales 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, the bioswales and bioretention areas must be routinely inspected for sediment
and debris build-up and erosion on the above established schedule. 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.
Inspect gravel filter strips at curb inlets and remove debris and sediment build-up. Gravel
shall be added to the filter strips as required to maintain the minimum 8-inch wide x 8-inch
deep dimensions.
During winter months, maintain breaks in curbing free from snow and Ice to allow proper
drainage. Snow shall not be plowed or stored in the bioswales or bioretention
areas.
The vegetation in the bioswales and bioretentlon areas shall be inspected and maintained in
accordance with the Landscape Maintenance Plan on the following schedule:
SQdng -identify and replace dead plants, prune broken or dead branches from
woody plant materials, remove leave accumulations, and re-seed bare native grass
areas. Mulch shall be replaced in the bloretention areas every two years in the
spring.
Summer -inspect plant materials for signs of pest infestation or disease, remove
weeds, and prune plants as necessary to maintain clearances for parking.
Fall -remove leaf accumulation and trim native grass to a height of no less than 6-
inches. ·
Bioretention Areas in Front Parking Lot Which Provide Infiltration (CB-5, CB-
6. CB-7, CB-8, CB-9, CB-10, CB-11. CB-12, CB-13)
In addition to the inspection and maintenance requirements detailed above for all bioswales
and bioretention areas, those bioretention areas in the front parking lot which are
designated to provide infiltration shall be subject to the following additional Inspection and
maintenance requirements.
During the first two months of operation following construction, the bioretentlon areas in the
front parking lot shall be inspected after every rainstorm where 2.5 Inches or more rain falls
within a 24-hour. period. The approximate elapsed time from the end of the storm until
there is no -longer standing water shall be recorded for each bioretention area in the front
parking lot.
An infiltrating bioretention area shall be deemed to be not functioning correctly if it takes
longer than 72 hours to drain completely following the end of a rainstorm. If an area-is not
functioning correctly the following steps shall be taken to restore the Infiltration properties
of the bioretention area. ·
• Remove any sedimen.t accumulations from the areas which are not draining. Re-
check standing water duration following next significant storm.
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• If sediment accumulation removal does not restore the infiltration characteristics of
the bioretention area, loosen the topsoil and subsoil by tilling, harrowing, or
· overturning the material in the problematic areas. Vegetation should be removed
prior to disturbing the soils if possible. Following disturbance, replant and/or replace
the vegetation and mulch.
• If sediment removal and soil loosening efforts do not restore the required infiltration
properties, the upper 30-inches of soil should be removed and replaced with new
engineering planting mix consisting of 40% sand, 20% topsoil, and 40% compost.
Vegetation should be removed prior to excavation if possible. Following replacement
of the soil, replant and/or replace the vegetation and mulch.
Vortechs Treatment Unit (WOS-1)
Inspect semi-annually upon completion of construction activities.
Observe that the unit is operating as intended and that there is no structural damage or
wear that should be corrected. Inspection results and maintenance work should be
recorded on the Vortechs inspection and maintenance log included with this document.
All chambers of the unit should be checked for sediment buildup during the routine
inspection. The Vortech unit should be cleaned out with a vacuum truck immediately in the
event of a spill in the parking lots or loading dock area, when the depth of sediment has
accumulated to within 12 to 18 inches of the dry weather surface water elevation In the
swirl chamber, or a minimum of once per year. If present, sediment should also be
removed from the baffle chambers during the cleaning process. Cleaning should be
performed during dry weather conditions when no flow is entering the system.
All material removed from the Vortech unit should be disposed of off-site in accordance with
applicable regulations.
Outlet Control Structures (OCS-1. OCS-3)
Inspect semi-annually upon completion of construction activities and after any storm event
where 2.5 inches, or more, of rain falls within a 24-hour period.
Observe that the outlet control structures are operating as intended. The outlet control
structures are designed to detain and control the outflow of stormwater at certain points in
the stormwater management system. These structures should be inspected for sediment,
debris build-up, and damage. Sediment and debris should be removed during the routine
inspection so that there is no interference wit.h the intended operation of the structure.
Sediment and debris should be transported and disposed of off-site In accordance with
applicable regulations.
Subsurface Detention System
Inspect semi-annually upon completion of construction activities.
Observe that the subsurface detention system is operating as intended and in accordance
with manufacturer's requirements. The subsurface detention system is incorporated into
the stormwater system to temporarily detain stormwater within the management system.
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The detention system shall be inspected through the access risers and cleanout ports for
sediment and debris build-up and damage. Sediment and debris shall be removed when the
depth of material exceeds 15% of the detention system pipe diameter. Sediment and
debris shall be removed from the subsurface system through the access risers and the
cleanout ports using a vacuum truck. Manual cleaning through the access ports may be
required if it is determined that large debris is present. In the · system. Only certified
confined space ·entry personnel shall enter the system for manual cleaning.
Sediment and debris shall be transported and disposed of off-site in accordance with
applicable regulations.
Detention Basin No.6
Inspect semi-annually upon completion of construction activities and after any storm event
where 2.5 Inches, or more, of rain falls within a 24-hour period. Particular attention should
be paid to the condition of the basin outfall area following large storm events.
Access for inspection and maintenance of the basin shall be across the grassed slope from
the fire lane along the south side of the Kollmorgen facility.
The detention basin shall be Inspected for debris and sediment build-up, erosion, health of
vegetation, and settlement. General trash and debris shall be removed on a semi-annual
basis. If erosion is found it should be repaired utilizing loam, seed, and erosion control
blankets, as necessary.
Sediment shall be removed from the main basin area when it reaches a depth of 6-inches,
but not less than once every five years. Sediment shall be removed from the forebay when
it reaches a depth of 6-inches, but not less than once every year.
Sediment and debris shall be transported and disposed of off-site in accordance with
applicable regulations.
The outlet control structure and downstream swale including the weir, outlet pipes, and rip
rap channel shall be inspected for signs of deterioration, clogging, or erosion. Outlet pipes
shall be cleaned and erosion shall be repaired with additional rip rap or loam, seed, and
erosion control blankets as necessary.
The basin vegetation shall be mowed and/or trimmed on a semi-annual basis to a height of
no less than 4-inches.
Areas Downstream of Detention Basin No.6
Inspect semi-annually upon completion of construction activities. The 18-lnch inlet at Grove
Street shall also be inspected after any storm event where 2.5 inches, or more, of rain falls
within a 24-hour period.
Flow from detention basin no.6 leaves the rip rap outlet pad and travels through a small
wetland area to an 18-inch diameter reinforced concrete drainage system inlet adjacent to
Grove Street. A portion of the outflow from the basin is also directed by a small vegetated
berm to a drainage channel which runs parallel to the driveway for 91 Grove Street before
discharging to the drainage system Inlet. This small berm was constructed to prevent the
detention basin outflow from entering the back parking area for 91 Grove Street. The
vegetated berm, small channel, and general grading of the wetland area must be
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maintained so that drainage flows are directed to the rip-rap basin and 18-inch inlet and not
to the paved parking area at 91 Grove Street or to the Grove Street roadway.
The wetland area between the basin outfall and the drainage system inlet, the vegetated
berm, and the small channel along the 91 Grove Street driveway should be inspected on a
semi-annual basis for erosion. If erosion is found it should be repaired utilizing loam, seed,
and erosion control blankets. Approval from the Conservation Commission may be
necessary prior to undertaking work within the designated wetland area.
The 18-inch inlet to the Grove Street drainage system should also be inspected for sediment
build-up and clogging. If sediment or debris reaches a depth of 6-inches or more in the
small rip rap basin at the inlet it should be removed and disposed of off-site in accordance
with applicable regulations.
An easement for access to the property at 91 Grove Street for inspection and maintenance
of the drainage system components has been prepared and a sketch detailing the limits of
this easement is attached. All maintenance work and access shall be performed in
accordance with the requirements of the easement agreement.
Record Keeping and Annual Reports
Records shall be maintained by Kollmorgen Electro-Optical 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 or other
qualified stormwater professional, as approved by the Northampton Department of Public
Works. Annual reports shall be submitted to the Northampton Department of Public Works
and the Northampton Office of Planning and Development no later than October 1st of each
year.
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Vortechs Inspection & Maintenance Log
Vortech Model: Location:
Water Floatable Describe Maintenance Date depth to Layer Maintenance Comments Personnel sediment1 Thickness2 Performed
1. The water depth to sediment is determined by taking two measurements with a stadia rod: one measurement from the manhole opening to
the top of the sediment pile and the other from the manhole opening to the water surface. If the difference between these measurements is
less than eighteen inches the system should be cleaned out. Note: To avoid underestimating the volume of sediment in the chamber, the
measuring device must be carefully lowered to the top of the sediment pile.
2. For optimum performance, the system should be cleaned out when the floating hydrocarbon layer accumulates to an appreciable thickness. In
the event of an oil spill, the system should be cleaned immediately.
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.T~Bond
:tlrwEngfneers 53 Southampton Road
Westfield,MalSllChusetls
(413) 562-1600.
www.tighebond.com
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Kollmorgen
Electro-Optical
Village Hill,
Northampton,
Massachusetts
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. . . Bk: 10585 Pg: 58
ATTACHMENTB
STORMWATER MANAGEMENT OPERATION,
MAINTENANCE, AND INSPECTION AGREEMENT
Pertinent Drainage Easements:
1. Easement to discharge to Basin 5 is contained in the Kollmorgen Release Deed (Book
9957/Page 123), recorded 09/03/2009
2. Easement to discharge from Basin 6 into wetlands on Lot 3 is contained in the Kollmorgen
Release Deed (Book 9957/Page 123), recorded 09/03/2009
3. Easement regarding discharge that reaches 91 Grove Street is forthcoming from the City of
Northampton, to be recorded
ATTEST: HAMPSHIRE,~ ~.~,REGISTER
MARIANNE L. DONOBUB