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