11 Village Hill Rd - Recorded Stormwater O&M 12-12-12\\ll\\l\\l\\ll~~~l~\\\l~~~~~~llll\\\l\l\\\ll\
Bk: 11150Pg: 16Page:1 016
Recorded: 12/12/2012 09:30 AM
STORMWATER MANAGEMENT OPERATION,
MAINTENANCE, AND INSPECTION AGREEMENT
City of Northampton, MA
Department of Public Works
(413) 587-1570
TIIIS AGREEMENT, made and entered into this_]]_ day of November , 20 5 by and between (Insert Full
Name of Owner) ___ N=ew~H~arm=~o~n,_y~P~ro,,,p~e~rt~ie~s~L~L~C~ _____________ 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)
_______ _,I~I_V~i~ll~ag~e~H=i!l~Rc~o~a~d,_ _____ as described as (City of Northampton Assessors
Map/Parcel/Lot Number) Mao 38A I Lot 107 as recorded by deed in the land
records of Hampshire County, Massachusetts, Deed Book 11131 Page 50 , 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 "The Gatehouse" prepared for Wright Builders. Inc. by Berkshire Design
Group, Inc .• Plans Ll-L7 dated 8/16/2012 and Kuhn Riddle Architects, Plans A2-l & A2-2 dated 8/16/2012. (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
stonnwater management facilities be constructed and rriaintained 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:
I. 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 stonnwater 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 stonnwater system.
3. The Landowner, its successors and assigns, shall inspect the stonnwater 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
Gatehouse -Stonnwater O&M Agreement approved 10-16-12 -rev 9/18/08 Page 1 J
~
stonnwater professional as approved by the DPW and submitted to the Northampton Department
of Public Works by October 1• each year. The purpose of the inspection is to assure safe and
proper functioning of the facilities. The inspection shall cover the entire facilities, stonnwater
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 pennission to the City, its authorized
agents and employees, to enter upon the Proper!Y and to inspect the stonnwater 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 fmdings and a directive to commence with the
repairs if necessary.
5. In the event the Landowner, its successors and assigns, fails to maintain the stonnwater
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 thirlY days, the City may enter upon the
Proper!Y and perfonn 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 stonnwater 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. Jn the event the City pursuant to this Agreement, perfonns work of any nature, or expends any
funds in perfonnance 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 storrnwater
management facilities fail to operate properly.
8. The Landowner, its successors and assigns, including any homeowners association, shall
provide stonnwater 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 offmancial responsibility, reconstruction of the approved stonnwater 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 Stonnwater Management Ordinance by mutnal 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 proper!Y owners or at the proper1Y 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.
Gatehouse -Stonnwater O&M Agreement approved 10-16-12 -rev 9/18/08 Page2 at z
WITNESS the following signatures and seals:
New Hannony Properties. LLC
Jonathan A. Wright
(Type Name)
Member
(Type Title)
COMMONWEALTH OF MASSACHUSETTS
..L1J::j~:1:1Lfil1.L__, 20 I '>-before me, the undersigned notary public, personally
appeared .~'M1.tu.'.IU'1L.l-14.IJJ.1.efPU2__, proved to me througb satisfactory evidence of identification, which was a
Driver's L ense, to be the per n whose name is signed on the proceeding document, and acknowledged to me that
he signed it voluntarily for its stated purpose.
rJ Carolyn F. Thayef
My Commission Expires: ---~N=O~TARY PUBLIC
My Commission Expires Oct. 8, 2015
CITY OF NORTHAMPTON
By:~~
Da'dNeWicz, Mayor
COMMONWEALTH OF MASSACHUSETTS
County of Hampshire
On this~ day of l>~b~t' , 20 1'2., before me, the undersigned notary public, personally
appeared Ai;vrel ';T. /Ju11tf!f.tJ• l:.1..-, proved to me througb 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. ~· d.~~
««-~"""' NOTARY PUBLIC
My Commission Expires:
Approved as to Form:
City Solicitor Date
Gatehouse -Stormwater O&M Agreement approved 10-16-12 -rev 9/18/08 Page:
3 ~3
ATTACHMENT A
Stormwater Facility Maintenance Schedule
Name of Project: The Gatehouse, Village Hill
Project Location: 11 Village Hill Road, Northampton, Massachusetts
Assessor's Map, Parcel(s): Map 38A I Lot 107
Owner of the Stormwater System:
New Harmony Properties LLC
48 Bates Street
Northampton, MA 01060
Shall be responsible for the stormwater management system until such
time as the property changes to its final buyer. All responsibilities for
maintenance and compliance will remain with the property owner of
record.
Responsible Party for Operation & Maintenance of Stormwater System
New Harmony Properties LLC
48 Bates Street
Northampton, MA 01060
Shall be responsible for the stormwater management system until such
time as the property changes to its final buyer. All responsibilities for
maintenance and compliance will remain with the property owner of
record.
Financial Responsibility for Operation & Maintenance of Stormwater System:
New Harmony Properties LLC
48 Bates Street
Northampton, MA 01060
Shall be responsible for the stormwater management system until such
time as the property changes to its final buyer. All responsibilities for
maintenance and compliance will remain with the property owner of
record.
Attachment A: Stormwater Facility Maintenance Schedule Page 1 of3
Maintenance Schedule
Parking Lot Street Sweeping
Street and parking area sweeping shall take place twice annually.
Hooded Catch Basin
Oil and water separators should be inspected at least four times per year and cleaned annually or more
often if required. Oil and sediments should be removed and disposed of in accordance with local, state
and federal guidelines and regulations. In the case of an oil or bulk pollutant release, the system must be
cleaned immediately following the spill and the proper authorities notified.
Stormwater Treatment Chamber
The Stormwater Treatment Chamber, of which there are 2 StormCeptor Model# STC450i water quality
structures or equal, shall be cleaned at least once annually. The system should be inspected and
maintained according the manufacturer's specifications. Rinker, the manufacturer ofStormceptor
recommends that maintenance be completed on the structures at least once per year, but advises that the
units be checked once every three months during the first year to determine the rate of sediment and oil
accumulation and to establish an appropriate maintenance schedule. The rate at which the system
collects pollutants will depend on site activities. Maintenance or cleaning shall be performed when the
stored volume reaches 15% (6 inch sediment depth) of the Stormceptor capacity, when oil
(hydrocarbon) has accumulated to 1 inch or greater depth, or immediately in the event of a fuel or oil
spill according the manufacturer's specifications. All material removed from the Stormceptor shall be
disposed in accordance with applicable local, state, and federal guidelines and regulations. For more
detail of how the StormCeptor should be maintained see the StormCeptor's Owner Manual.
Subsurface Infiltration Basin
The Infiltration basin requires regular removal of accumulated sediment to maintain an optimal rate of
infiltration. Pretreatment BMPs (Deep Sump Hooded Catch Basins and Stormwater Treatment
Chambers) should be routinely inspected and cleaned at least once a year for overall function and
removal of any sediment entering the infiltration system. The subsurface infiltration basin has been
incorporated into the stormwater system for the site to specifically receive roof runoff and treated water
and, therefore, is not expected to receive large amounts of bulk sediments. Proper maintenance of roof
gutters and pretreatment systems will help to protect the integrity of the infiltration basin. See
respective maintenance instructions for both pre-treatment systems.
After large storms the basin should be inspected for ponding water through the access ports and overall
function. If ponding is occurring for longer than 72 hours this may indicate that the basin requires
rehabilitation. To rehabilitate a basin, all accumulated sediment must be stripped from the bottom, the
bottom of the basin must be scarified and tilled to induce infiltration, and all of the stone aggregate and
filter fabric or media must be removed and replaced.
Attachment A: Stormwater Facility Maintenance Schedule Page 2 of3
Outlet Control Structure
The outlet control structure adjacent to the subsurface infiltration basin should be inspected at least
twice per year and after significant storm events for sediment and debris accumulation, overall function,
and that any orifice holes within the outlet riser pipe are free of obstruction. Sediments and debris
should be removed and disposed of in accordance with local, state and federal guidelines and
regulations.
Record Keeping and Annual Reports
Records shall be maintained by the Owner at their offices as described above and shall document all
routine and emergency maintenance work performed by the Owner 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 1st of each year.
Attachment A: Stormwater Facility Maintenance Schedule Page 3 of3
.U::?::. ':Yf': ElclITfkc.'.tlB, 12~~~~:'!'.~~::~~tlti l'11iiCI&"l'filR
%----------------------------------------------%
Official Receipt for Recording in:
Hampshire County Registry of Deeds
33 King St.
Northampton, Massachusetts 01060
Issued To: WRIGHT BUILDERS INC
48 BATES ST
NORTHAMPTON HA
413-586-8287
Recording Fees
%----------------------------------------------% Document Recording
Description Number Book/Page Amount
*----------------------------------------------% AGR 00030339 11150 16 $75. 00
NEW HARMONY PROP
$75. 00 Collected Amounts
$----------------------------------------------% Payment Type Amount
%----------------------------------------------% Check 42131 $75.00
Total Received : less Total Recordings:
Change Due
Thank You
PATRICIA A. PLAZA -Register of Deeds
By: Debbie l
Receiptfi Date Time
0257434 12/12/2012 09:30a
$75.00
$75.00
$75. 00
$.DD