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Fairgrounds Phase 1_OM_20120409, ... Bk: 10867 Pg: 155 STORMWATER MANAGEMENT OPERATION, MAINTENANCE, AND INSPECTION AGREEMENT City of Northampton, MA Department of Public Works (413) 587-1570 llll~Jlllll Bk: 10867Pg: 155 Page: 1 of 8 Recorded: 04/09/2012 12:25 PM THIS AGREEMENT, made and entered into this_ day of ____ ___, 20_, by and between (Insert Full Name of Owner) Hampshire, Hampden & Franklin Agricultural Society 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)_ 59 Fair Street ____________ as described as (City of Northampton Assessors Map/Parcel/Lot Number) 25C-25l, 25C-264. 32-001, 32A-249, 32A-251 as recorded by deed in the land records of Hampshire County, Massachusetts, Deed Book __ 10~3 ___ Page _ _,:5_,_4 __ , 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 ""T=hr=e=e'-'C=o=un=ty;.....:...F=arr=· -=gr,_,,o=un=d ____________________ , (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 confmes 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 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 defmed 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 storm water 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 OM Agreement-fmal.doc-rev 9/l8/08 Page 1of3 Bk: 10867 Pg: 156 of Public Works by October l 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 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 stonnwater 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. I 0. 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-final.doc -rev 9/18/08 Page 2 of3 Bk: 10867 Pg: 157 WITNESS the following signatures and seals: (Type Name) (Type Title) COMMONWEALTH OF MASSACHUSETTS County of Hampshire Ar-.#-1 Cc.Jl-71.Ji!A t- ~ O C-t a!-7( On thi~oOJ. day of MAR.CY , 20 L 'l;before me, the undersigned notary public, personally appeared bk>~ e: ~o'-1 , proved to me through satisfactory evidence of identification, which~·!!"'"'''"• ''· Driver's License, to be the person whose name is signed on the proceeding document, and acknowledged ~~~~: .. ~/)>ci'',,, he signed it volwitarily for its stated purpose. (le l "'..;,,;,ss•?.;,, ... $\ ~ ~ , '<°/,-.·,,,~:!~< "2·.rl~ E --., : , , ,,, • ,,_: ·~ ~_, 'i'l ~ v ~ : : ~ I I 1'! [,,~.:'. l{ _.. [11: : NOT~f f'W!'.-' ~ * \:o"u_ '\ r:·rJ;, ~OJUJJ * ~ --:. Ci· \l§t,· / i ~ 0·:10 -,v.·"& ~ ~ A'.• /',, .1'\'>\,•• <:' .. , A _'7A'.:·;!r?Y l'v • .-:."X'r.. ~ .... ~;;_ .. ,,-;ofJ;.;.irJ·.'-\"".,·:l' '•1,,.S,q CHUS~,,,, ,.,, .......... ,,, My Commission Expires: '.b-:J..-1 fl CITY OF NORTHAMPTON ~. l By: --~~~~~- Davilificz, Mayor COMMONWEALTH OF MASSACHUSETTS County of Hampshirlll~ On this __L day of , 20 g; before me, the undersigned notary public, personally appeared Lt V. , proved to me through satisfactory evidence of identification, which was a Driver's License, to e the person whose name is signed on the proceeding document, and acknowledged to me that he signed it voluntarily for its s~-""'9~~e. \. J,. ~f\/°'\ _ r_ A"'~ ~-SIM~~ ~: r t y--..._,___.. ~~·~~s·sio,\.~.~'\ NOTARY PUBLIC V. ~P:-9.cH 10, .-..~~"i.' ... " ; ::· .. ·t-VtiJ(-v~)~·.·.:". \. ,_ 7 ; • ; S • My Commission Expires: fnllf i'(,r' IP/ ).._(}I <i;~~.{ Approved as to Form: r.;~~·'"o 1W;fl~)t~,~ City Solicitor Date OM Agreement-final.doc -rev 9/18/08 Page3 of3 Bk: 10867 Pg: 158 ATTACHMENT A Stormwater Facility Maintenance Schedule Name of Project: Three County Fairgrounds Project Location: 59 Fair Street Assessor's Map, Parcel(s): 25C-251. 25C-264. 32-001. 32A-249. 32A-251 Owner of the Stormwater System: Three County Fairgrounds 59 Fair Street Northampton, MA 01060 Responsible Party for Operation & Maintenance of Stormwater System Three County Fairgrounds 59 Fair Street Northampton, MA 01060 Financial Responsibility for Operation & Maintenance of Stormwater System: Three County Fairgrounds 59 Fair Street Northampton, MA 01060 Maintenance Schedule Street Sweeping Street and parking area sweeping shall take place twice annually. Existing Detention Basins Inspections Twice per year. Examine basin for the following: differential settlement, cracking, erosion, leakage, or tree growth on embankments, condition of riprap, sediment accumulation, and health of turf where applicable. Any adverse conditions noted during any inspections shall be addressed by repair or reconsideration of design components. Attachment A: Stormwater Facility Maintenance Schedule Page 1of4 Bk: 10867 Pg: 159 Mowing and General Maintenance Occasional mowing (2 times per year min.) shall be performed on the side slopes and basin bottom where turf is present. Accumulated grass clippings and/or organic matter and trash and debris shall be removed. Any clogged surface areas can be loosened by deep tilling; tilled areas must be immediately revegetated. Tilling may be used in this manner for no more than two consecutive maintenance periods. Thereafter, sediment in the clogged areas shall be removed, liner material replaced, and revegetation established. Dredging/Sediment Removal Accumulated sediment shall be removed from the basin at five (5) year intervals, or as required to maintain the function of the storm water management system as designed. During this process and until the disturbed sediment has settled, the outlet pipe shall be sealed so as to minimize the risk of conveying sediment beyond the basin. The eastern detention basin shall be dredged to elevation 112.00 feet and the western detention basin shall be dredged to elevation 116.00 feet. Subsurface Trench 'C' Clean out the overflow inlets sumps at a minimum of 2 times per year and after every storm event. Inspect for trench damage monthly. A minimum of twice annually and following heavy storm events and otherwise as needed perform visual inspection of all overflow inlets. Rake to remove leaves and debris during the spring and fall. Mow plantings a minimum of once annually. Sediment shall also be removed following any occurrence and trench shall be restored to original conditions. Subsurface Trench 'D' Clean out the overflow inlets sumps at a minimum of 2 times per year and after every storm event. Inspect for trench damage monthly. A minimum of twice annually, following heavy storm events and otherwise as needed perform visual inspection of all overflow inlets. Rake to remove leaves and debris and maintain a level gravel surface during the spring and fall. Mow plantings a minimum of twice annually and otherwise as needed. Remove all areas of collected sediment following occurrences and restore to original conditions. Replace any areas that require additional gravel. Subsurface Trench Section 'F' Clean out the overflow inlets sumps at a minimum of 2 times per year and after every storm event. Inspect for trench damage monthly. A minimum of twice annually, following heavy storm events and otherwise as needed perform visual inspection of all overflow inlets. Maintain visible concrete walk at all times 'non-cleaning' times. During barn cleaning, all inlet grates shall be replaced with a solid cover until manure and other debris has been removed. Following all events inspect for proper grading and remove all areas of collected sediment. Sediment and manure shall also be removed in accordance with all local, state, and federal guidelines and regulations. Attachment A: Stormwater Facility Maintenance Schedule Page 2 of 4 Bk: 10867 Pg: 160 Phase I Infiltration Trench Inspect for trench damage monthly. A minimum of twice annually, following heavy storm events and otherwise as needed perform visual inspection of trench surface. Rake to remove leaves and debris during the spring and fall. Following storm events, inspect for proper grading and remove all areas of collected sediment. Sediment shall also be removed following any storm event. If water is ponded within the infiltration trench 72 hours after the end of a storm event, it may indicate that the bottom of the trench has failed. To rehabilitate a failed trench, excavate the stone from the trench, strip all accumulated sediment from the bottom, scarify and till the bottom of the trench to induce infiltration, and replace clean stone in the trench in accordance with the approved design. Hooded Catch Basin, Drain Basin, and/or Drain Manhole with Sump 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 is I StormCeptor (Model # 900) water quality structure or equal treatment chambers, shall be inspected and maintained according the manufacturer's specifications. Rinker, the manufacturer of Stormceptor 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. The Stormceptor shall be cleaned using a vacuum truck when the stored volume reaches 15% (6 inch sediment depth) of the Stormceptor capacity, when oil (hydrocarbons) has accumulated to I inch or greater depth, or at least once per year. In the event of a fuel or oil spill the Stormceptor must be cleaned immediately. 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. Pump System for Stormwater The detention pond pump system shall be operated after every significant storm and shall remain on until the system has been drawn down completely. The standard operating rate for the pump shall be 200gpm and the system shall be drawn down to elevation 112.84' (minimum) in less than 72 hours. The owner shall maintain a story pole within the existing east detention basin showing elevations for reference. Volume of Pond below Outlet to be Pumped (below elev. 116') = 115,373cf Pump Rate = 200gpm or 0.45cfs Pond Drawdown Time= 115,373cf/(0.45cfs X 60seconds/min X 60min/hour X 24hours/day X 3 days)= 115,373cf/116,640cf = 71.2hours Attachment A: Stormwater Facility Maintenance Schedule Page 3 of 4 Bk: 10867 Pg: 161 Record Keeping and Annual Reports Records shall be maintained by Hampshire, Hampden & Franklin Agricultural Society at their offices as described above and shall document all routine and emergency maintenance work performed by the Three County Fairgrounds 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 4 of 4 r./l z --o . ~ ~ < CJ 0 ~ ~ ~ -f'Y!!!\ ~ ~~ . ~T'1 ;~.; ~ ~. ~ . . -~.·.· .. '.;· ~ ~ ·~ -.~.·-····~ 00'·.-.·. ~ -_·,_ _. ; ·.~-- ' --- 7 / /l /// r I ------~J Bk: 10867 Pg: 162 ' ' ' ' ' ' -----~ I , I I -... _} I \.