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37-065 (82) PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON 9-I �� cit Ha��• zx o Main Street Room i i • Northampton,MA of o6o i 8 • ( z ) 8 1266 • Fax: 8 iz6 �Arri:iglig0 "1�rr � � 3 9 4 3 5 7- 5 7- 4 WayneFeiden,Director•email:pfanning@city.nortbampton.ma.us•internet:wwwnorthamptonplanning.org FORM F NORTHAMPTON, MA October 29, 2003 Date NOTICE OF DEFINITIVE SUBDIVISION APPROVAL To: City Clerk The Planning Board on October 23, 2003 by 4-0 vote APPROVED with Conditions {see attachment/I} the following subdivision plan: Name or description: Rocky Hill Cohousing Cluster Subdivision New street names: To Be Finalized (Black Birch Trail) Submitted by: Tofino Associates, Inc. Address: 31 Campus Plaza Road Hadley, MA 01035 Signe Chair, Nort ampton Planning`:oard This vote of the Planning Boar i . .. * --corded in the minutes of their meeting. c.c. Applicant Police Department Building Inspector Board of Assessors Board of Public Works Register of Voters Fire Department File Board of Health Conservation Commission After twenty (20) days without notice of appeal, endorsed blueprints, if approved, will be transmitted to: Applicant-- 1 mylar Register of Voters-- 1 print City Engineer-- 1 mylar Police Department--1 print Assessors-- 1 print Fire Department-- 1 print Bldg. Inspector-- 1 print File-- 1 print planning board•conservation commission •zoning board of appeals •housing partnership •redevelopment authority •nortbampton GIS economic development •communitN development.historic district commission -historical commission•central business architecture original pri n Led on recycled paper Rocky Hill Cohousing Definitive Subdivision Attachment A Approved October 23, 2003 The following waivers have been approved with this subdivision: A. 6:04-1 Test pits in-lieu of borings. B. 6:04 -16 One street lights will be required. This light must be installed at the intersection of Florence Road and the new street. C. 6:07—2D and 10:07. Submission of street acceptance plan is not required because the street is planned as a private way. D. 7:01 —4B 100' tangent at intersections E. 7:01-5 Cul-de-sac, since a turn around is provided. F. 7:01-9 250' minimum radius G. 7:16 No curbs due to use of sheet flow to control drainage H. 7:18 Side slopes of 4:1 due to existing topography. I. 7:24-5 Catch basins to be located at intersections of streets due to topography and condition #10. J. 8:01- 1,4,5,6,7,8,11 inspection control because it is a private development. Inspections shall be made for water and sewer lines, but may be waived for the road. The following conditions have been imposed on the approval of this subdivision: 1. Prior to endorsement of the definitive plans, a performance guarantee that conforms to Northampton Subdivision Rules and Regulations §6:06 (4) must be posted. The developer may place a covenant not to sell lots or, in lieu of placing a covenant, post a Letter of Credit in accordance with the standards in the Regulations. If a Letter of Credit is posted it must be in accordance with the Regulations, two lots must still be covered by a covenant not to sell, must be adequate to cover the costs of the city completing the project, at prevailing wages and with a 15% inflation factor, and the Letter may not be reduced below$100,000 until the project is complete and has been accepted as such by the Planning Board. 2. Permanent Covenants must state that snow removal and maintenance of roads and sidewalks throughout the subdivision, will be the responsibility of the Homeowners'Association or adjoining Lot Owners, but in no case shall it be the responsibility the City of Northampton. 3. An $8,000 escrow account shall be established, in the Homeowner Association's name (appearing first)with a signature line for the City, prior to the first lot sale as an assurance that the Homeowners'Association will perform their required capital improvements and maintenance. The City may draw on this account if it determines that required capital improvements, maintenance, or inspections are not being performed. The Homeowners'Association (HOA) is responsible to reimburse the City, within three months for deposit into the escrow account, for any funds the City spends from the account. The Permanent Covenants must clearly state that the City will have a right to place a lien on any or all properties within the subdivision or shall provide some other equivalent, in the opinion of the Planning Board, level of protection for the city, in order to recover the cost of maintenance for stormwater facilities. 4. Prior to the construction of the road, the applicant must record all covenants. Stormwater and Wetlands Management Conditions 5. The permanent covenants must include the stormwater management plan, as submitted in the application and approved by the Office of Planning and Development. 6. All drainage swales, stormceptors, check dams, outlet structures, and rip rap basins shall be kept clear of sediments and inspected in the spring and in the fall. i 7. Maintenance reports with documentation on the condition of all inspections and receipts of all cleaning and work for all items specified in this permit condition shall be submitted to the Office of Planning & Development annually, no later than November 1st of each year. Each report shall indicate the status of each element of the entire system under the HOA's maintenance purview. 8. Drainage easements granted to the HOA must be shown on a revised plan with easement access to the drainage spreaders must be addressed in homeowner association documents. 9. The drainage report showing that detention ponds are not needed should be signed by a Massachusetts Registered Professional Engineer and submitted to the Office of Planning & Development. 10. If standing water collects at the intersection of Florence Road and the new subdivision road, two catch basins or other appropriate drainage structures must be installed to drain any pooling water in accordance with "best management practices". 11. Prior to installation, subdrains for roadway construction must be reviewed and inspected by Department of Public Works. Streets, Pedestrian and Vehicular Safety Conditions 12. As presented by the applicant the proposed subdivision street will be privately owned and maintained. Covenant documents must include a statement that this road is a private way and shall not be petitioned to become a city right of way. This shall be written as an irrevocable covenant. 13. Covenants must include an irrevocable provision that states that the subdivision street may never be gated from public access. 14. As offered by the applicant and in partial consideration of traffic impacts, prior to the issuance of the first building permit, an easement shall be recorded that grants to the City an 8' wide public bikepath that extends from Florence Road to the eastern boundary of the property. The easement shall allow the public to pass and repass on non-motorized vehicles. 15. As offered by the applicant and in partial consideration of traffic impacts and waivers for the creation of a dead end street, the applicant shall build a 400' bituminous bikepath 8' wide from the edge of the property boundary that abuts the Pathways Property east across this property. If an easement is not granted to the City of Northampton across the abutting property owned by Pathways Cohousing, the applicant shall provide a fee-in-lieu of traffic mitigation to the City of Northampton in the amount of$64,000 (the amount equal to the proportional cost of improvements to the surrounding intersections where incremental impacts are recorded, including sidewalk improvements along the Florence Road frontage.) prior to the issuance of the building permit for the 15th unit. 16. As offered by the applicant and prior to issuance of the first building permit, the design dated 10/23/03 of the bikepath from the eastern property boundary, across the Pathways property, to the wetland crossing that abuts the Ice Pond Property shall be submitted to the Office of Planning & Development. This design shall be stamped by a Professional Engineer and submitted on a mylar, 17. A street sign, in accordance with city standards, must be shown on the plan and placed on site prior to the issuance of the first building permit. Open Space Conditions 18. Prior to issuance of the first building permit, a conservation restriction must be placed on the open space portion of the property in accordance with §10.5 of the Northampton Zoning Ordinance. 19. Except for maintenance vehicles and motorized wheelchairs, no motorized vehicles, including personal assistive mobility devices, shall be allowed on the off-road bicycle trail. 20. Prior to issuance of a building permit for any lots, signs must be posted by the developer indicating the bicycle path access point at Florence Road, using a conservation area sign in accordance with the standards for City of Northampton conservation areas. Water System Conditions 21. Prior to connection of the water and sewer lines to the Pathways Cohousing project, as-built plans for the cross country lines on the Pathways property that show conformance with the city standards, must be reviewed and approved by DPW. Certification by DPW that the connection is allowed must be submitted to the Office of Planning & Development. 22. All streets, utility, and other improvements must be made in accordance with Rules and Regulations Governing Subdivisions in Northampton ("Regulations") except as here in provided. 23. The water and sewer line shall be privately owned and maintained and shall be so stated in covenants. Covenants shall be recorded prior to the final endorsement of the subdivision. 24. Prior to the issuance of the first building permit, the applicant must provide a copy of a recorded easement for the City to connect water lines to the adjoining property to the Office of Planning & Development. This easement should generally be located from the eastern property boundary with the Methodist Church (Map ID 37-30). 25. The applicant must connect a T-valve on the water line to allow future connections from offsite. The valve shall be placed within the easement granted to the City for future connections described in condition 24 above. 26. Water connections from any housing unit to the main shall be installed at a 90-degree angle wherever possible. 27. A backflow device shall be placed in the community building. 28. Fire flow tests shall be conducted and submitted to the DPW for the actual unit locations. Test results should show 1000 gpm can be achieved and 20 psi can be maintained. Other 29. All private utility easements, including those serving the single-family house lots shall be recorded prior to issuance of the first building permit. These documents shall indicate that maintenance is the responsibility of the private owner or owner's association. 30. Prior to the issuance of a building permit for lots 1-5, easements for the use and maintenance of the private common driveway shall be recorded. Proof of recording shall be submitted to the Office of Planning & Development. 31. Final plans must show location of utilities providing for cable tv, electric, gas, phone, fiber optic, etc. as required in the subdivision rules and regulations. 32. In accordance with 6:03 (9,10), GPS control points must be identified. Vertical and horizontal, control points must be certified by a surveyor to be accurate within one centimeter, prior to final endorsement. Monuments must be placed at these points. 33. All underground utilities must have warning tape installed a minimum of 3' above the pipes. 34. Prior to the issuance of the first Certificate of Occupancy, one street light shall be located at the intersection of Florence Road and the proposed new road "Black Birch Trail". Massachusetts Department of Environmental Protection DEP File Number: • Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 246-530 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information — —�`�� r �1 Important: C� \From: \)` When filling out forms on Northampton 'e}`"` our 2 1 2003 l� the computer, Conservation Commission ,) } i I use only the I A tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions To: Applicant: Property Owner(if different from applicant): Tofino Associates, Inc. Applicant and Joseph &Amalia Singer X Name Name rein 31 Campus Plaza Road 245 Litchfield Lane Mailing Address Mailing Address Hadley MA 01035 Houston TX 77042 City/Town State Zip Code City/Town State Zip Code 1. Project Location: Florence Road Northampton Street Address City/Town 37 66, 66, 67, 19 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Hampshire 6307, 2302 283, 74 County Book Page Certificate(if registered land) 3. Dates: July 24, 2003 August 28, 2003 October 9, 2003 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): "Rocky Hill CoHousing" by Berkshire Design Group, Inc., revised 8/28/03 7/24/03 Title Date "Rocky Hill CoHousing, Wetland Replacement" description by Charles H. Dauchy 9/25/03 Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: Mark B. Darnold Name 6. Total Fee: $1,225.00 (from Appendix B:Wetland Fee Transmittal Form) Wpaform5.doc•rev.12/15/00 Page 1 of 7 Massachusetts Department of Environmental Protection ` Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 246 530 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ® Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ® Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat ® Groundwater Supply ® Storm Damage Prevention ® Flood Control Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. Wpaform5.doc•rev.12/15/00 Page 2 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands \� WPA Form 5 - Order of Conditions 2 o6- 3 dey DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number 246-530 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. Wpaform5.doc•rev.12/15/00 Page 3 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 246-530 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Special Conditions See "Attachment A" Findings as to municipal bylaw or ordinance Furthermore, the hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Municipal Ordinance or Bylaw Citation The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. Wpaform5.doc•rev.12/15/00 Page 4 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions 2N�•-s Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. October 9, 2003 Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office (see Appendix A) and th roperty owner(if different from applicant). Sign ures: VVI • iG • On this day Of October, 2003 Day Month and Year before me personally appeared `{ the above-named *� +++��'•. to me known to be the person described in and who executed the foregoing instrument_a t'd :• •; acknowledged that he/she executed the same as his/her free act and deed. ,• • 4,"� cl (otary ublic My om ission Expires 4i NO P ...' q�aa� This Order is issued to the applicant as follows: ❑ by hand delivery on ® by certified mail, return receipt requested, on (. Zt ) 2cO Date Date Wpaform5.doc•rev.12/15/00 Page 5 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands �11 WPA Form 5 - Order of Conditions 246-530 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Conservation Commission Wpaform5.doc•rev.12/15/00 Page 6 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands �1> WPA Form 5 - Order of Conditions 246-530 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Conservation Commission Please be advised that the Order of Conditions for the Project at: Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page • In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Wpaform5.doc•rev.12/15/00 Page 7 of 7 "ATTACHMENT A" 18. The owner of the property described in this Order must advise any potential buyer of the property that any construction or alteration to said property, including brush cutting or clearance, may require approval by the Northampton Conservation Commission. Any instrument conveying any or all of the owners' interest in said property or any portion thereof, shall contain language similar to the following: "This property is subject to the Northampton Wetlands Protection Ordinance and/or Wetlands Protection Act.Any construction or maintenance work performed on this property requires an Order of Conditions, and/or a Determination of Applicability from the Northampton Conservation Commission. 19. A copy of this Order and associated plans shall remain on site during all construction and/or building activities. The project manager and all equipment operators shall be familiar with the approved plans, and shall be informed of their location on the site. This location shall be accessible to all contractors whenever work is occurring on site. 20. All required permits must be obtained from the Army Corp of Engineers (Section 464, Water Quality Certification), Planning Board,Zoning Board,Department of Public Works, or Building Inspector prior to the start of projects involving fill within any wetland resource area; 21. No disposal of soils or other materials shall be allowed within: a 100-year floodplain; 40 feet of the 100-year floodplain elevation; any wetland; or any area within 100-feet of a wetland, unless such areas are specifically approved by the Commission, in accordance with 310 CMR 10.00, and City of Northampton Ordinances - Chapter 24; 22. All revised plans,referenced within this Order of Conditions, shall be approved by the Conservation Commission and incorporated into this Order by reference and shall be followed during the course of construction. 23. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance are as follows: #53, 57, 58, 59, 61, 62, 63, 64, 65, 66, 67, 68 24. Prior to the start of any site work, excavation or construction, a preconstruction conference shall be held on the site, between the contractor conducting the work, the site/project engineer, the applicant, and a member or agent of the Conservation Commission, in order to ensure that the requirements of this Order are understood by all parties. Prior to the pre-construction meeting, all erosion control devices must be installed, also. 25. All parking on the northwest(wetland) side of the drive shall be articulated concrete within the buffer zone. PRE-CONSTRUCTION REQUIREMENTS 26. The applicant shall notify the Commission, in writing, as to the date that the work will commence on the project. Said notification must be received by the Commission no sooner than(10) days and no later than five(5) days prior to the commencement of the approved activity; 27. The applicant must retain a wetland specialist to oversee the project and compliance with the Order of Conditions. Prior to the start of any work, the name of the wetlands specialist shall be submitted to and approved by the Conservation Commission. 28. Prior to the pre-construction meeting, the boundaries of all wetland resource areas,right-of- way, limits of work, grading boundaries and construction equipment storage areas, shall be identified by clearly marked flagging and/or stakes, spaced at intervals not greater than 25 feet apart. Flagging used to identify wetland resource areas shall be a color different from any other flagging used on the site. 29. Applicant must notify the Conservation Commission after all boundaries have been marked/delineated in the field and schedule a site visit. 30. Cutting of trees located within the right-of-way shall be allowed after inspection of boundary delineations and prior to installation of the siltation barrier, as long as stumps are not removed or unearthed. 31. All silt fencing and erosion control shall be installed prior to removal of stumps and shrubs within the right of way. 32. Once erosion control devices are installed,the applicant shall notify the Conservation Commission,prior to the commencement of any site work,that the installation has been completed and schedule a site visit. EROSION AND SEDIMENTATION CONTROL 33. Applicant shall follow Erosion Control Notes on sheet L2 34. Erosion control barrier shall be an armored silt fence 35. Erosion control barrier shall serve as the limit of work line 36. Areas of construction shall remain in a stable condition at the close of each work/construction day: A. Erosion controls shall be inspected at this time, and after each rainstorm. B. Any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas. C. Any breaches in the siltation barriers shall be repaired prior to leaving the site for the day. D. All erosion controls must be maintained or reinforced to meet specifications in the plans and this order and shall be replaced as necessary. E. An adequate stockpile of erosion control materials shall be on site at all times for emergency or routine replacement. The stockpiles equipment shall include materials to repair silt fences, haybales, or any other devices planned for the control of erosion at the site. 37. If soils are to be disturbed for longer than two months, a temporary cover of rye or other grass shall be established, following Natural Resources Conservation Service (NRCS)procedures, to prevent erosion and sedimentation. 38. If the season is not appropriate for plant growth, exposed surfaces shall be stabilized by straw,jute netting, or other NRCS-approved methods. VEHICLE ACCESS/STORAGE 39. No motorized/construction equipment is to enter or cross a wetland resource area at any time, unless the location of entry or disturbance is clearly indicated on plans and within information contained within the Notice of Intent and approved with the issuance of this Order of Conditions. 40. All motorized/construction equipment shall be operated,parked, and maintained in such a manner that will prevent potential alteration of the wetland/resource area and buffer zone, except as approved within this Order of Conditions. 41. All equipment shall be stored outside of the 100-foot buffer zone at the close of each work day, in an area which shall be clearly identified on the plans, and physically located in the field through use of flagging and/or a construction barrier. WETLAND REPLICATION 42. Wetland replication shall comply with DEP Inland Replication Guidelines,based on Wetland Replication Schedule on sheet L5.1 and report by Charles Dauchy dated September 25, 2003. 43. A wetland specialist, approved by the Conservation Commission, shall visit and inspect the site daily, and submit bi-weekly reports to the Commission during all phases of active construction in the following areas: o Road/right-of-way work at stations 5+50 through 8+00 o The transference/planting and construction of the replication area 44. The wetland replication area shall reproduce the soil depth and structure, surface topography, and hydrology, to the greatest extent possible, as that of the wetland area being filled/altered. 45. Prior to excavation of any existing wetland area, the wetland replication area shall be excavated and the applicant shall present the Conservation Commission with written certification by a wetland specialist, who is qualified in hydrology, that the proposed wetland replication area possesses the appropriate groundwater elevations and hydrologic connections. 46. The top 12" of soil from the original wetland must be transplanted with soil structure— especially lamination and density profile—intact to the replication. This is intended to preserve plant, invertebrate and planktonic communities of the wetland and inhibit the blossoming of invasive species. 47. The wetland replication area will be further planted as necessary with native species of wetland plants and seed stock, in accordance with the planting schedule provided in the plans. 48. Applicant shall submit written notification to the Commission upon installation of the plantings. 49. A report of the success of re-vegetation activities shall be submitted to the Conservation Commission,by a qualified wetlands scientist on the following schedule: By May,2005 By May, 2006 50. If more than 50%wetland vegetation has not been established after one growing season(1 year),then additional plantings and/or changes to the wetland restoration plan shall be submitted to the Conservation Commission for consideration and approval. 51. If more than 75%wetland vegetation has not been established after two growing seasons (2 years), then additional plantings and/or changes to wetland restoration plan shall be submitted to the Commission for consideration and approval. 52. At the time of requesting a Certificate of Compliance, the applicant must submit a"Summary Report"by a qualified individual, of work completed on the site, actions taken during the replication and the rate of success of wetland replication. 53. No additional wetland areas shall be filled or altered on this property without the approval of the Commission,now or in the future. A deed restriction stating this shall be incorporated into all deeds and future divisions of this site. POST CONSTRUCTION SUBMITTALS AND WORK IN BUFFER ZONE 54. Upon completion of the project, the Applicant shall submit a certification that all work has been done in conformance with the provisions of the Order of Conditions and request a Certificate of Compliance. Certification shall be by a Wetlands Consultant who shall have been approved by the Commission 55. Upon completion of the work covered by this Order, the applicant shall submit an as-built plan, signed and stamped by a registered professional engineer or land surveyor, together with a written request for a Certificate of Compliance. 56. The plan and written request shall specify any ways that the completed project differs from the plans referenced in the Order. The as-built plan shall include, at a minimum, and as applicable to the project: elevations of all pipe inverts and outlets,pipe sizes, materials, and slopes; all other drainage structures; limits of clearing, grading, and fill; all structures, pavement, and contours within 100 feet of wetland boundaries; all alterations within the wetland resource areas; all wetland replication areas; and all dates of fieldwork. 57. Single-family house on Lot 5 shall be located completely outside the 100' buffer. 58. The edge of the garden area shall be clearly marked with permanent markers to prevent future encroachment into the buffer zone. 59. Any future work within the 100' buffer zone will require the filing of a Request for Determination of Applicability or a Notice of Intent. STORMWATER RUNOFF 60. A level lip spreader rather than a flared end outlet shall be used with the footing drain. 61. Catch basins will be designed with deep sumps and will be cleaned semi-annually, once in the spring and again in the fall, following defoliation. 62. Catchbasin sediments will be disposed of in accordance with current DEP policy. 63. All stormwater BMPs will be inspected annually and after significant rainstorms by a qualified inspector. The inspection reports will be filed with the Conservation Commission in May of each year. 64. Vegetated portions of BMPs will be reseeded,replanted, and mowed as required. 65. All streets and parking areas shall be swept a minimum of four times per year to achieve 10% TSS removal, with receipts provided to the Conservation Commission in May of each year. POLLUTANT PREVENTION 66. There shall be no application of road salt or other deicing chemicals onto the road,parking lot, or driveway because of the importance of the site's wetlands, surface water and groundwater to the groundwater supply contributing to the City's water supplies. 67. There shall be no application of fertilizers or pesticides to the lawns in the buffer zone or any areas contributing runoff to the wetlands. 68. A provision specifying this condition shall be incorporated into the bylaws of the association, and the Conservation Commission shall be provided with a copy of the bylaws showing this provision before a Certificate of Compliance will be issued for this project.