Paradise Road Housing_OM_20141104Bk: 11794 Pg: 125
I llllll lllll lllll lllll llll llllll lllll lllll 111111111111111111111111111111111 2014 00020711
Bk: 11794Pg: 125 Page: 1 of 6
Recorded: 11 /04/2014 11 :14 AM
STORMW ATER MANAGEMENT OPERATION,
MAINTENANCE, AND INSPECTION AGREEMENT
City of Northampton, MA
Department of Public Works
(413) 587-1570
THIS AGREEMENT, made and entered into this J.S" day off~P1l"ll'llJ9'1,, 20J!? by and between (Insert Full
Name of Owner) Trustees of Smith College h/l. 6/l<t-!cJ..U ·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) _
69 Paradise Road ___________ _ _ as described as (City of Northampton Assessors
Map/Parcel/Lot Number) 31A-260-001, 31A-261-001, 31A-262-001, 31A-263-001, 31A-264-001, 31A-26S-001,
31A-067-001, 31C-013-001, 31C-014-001, 31A-266-001 as recorded by deed in the land records of Hampshire
County, Massachusetts, Deed Book_ 0732 ____ Page __ 330 ___, 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 Paradise Road Student Housing Project, 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 storm water within the confines of the Property; and
WHEREAS, the City and the Landowner, its successors and assigns, including any homeowners association, agree
that the health, safety, and welfare of the residents of the City of Northampton, Massachusetts, require that on-site
stormwater management facilities be constructed and maintained on the Property; and
WHEREAS, the City requires that on-site stormwater management facilities as shown on the Plan be constructed
and adequately maintained by the Landowner, its successors and assigns, including any homeowners association.
NOW, THEREFORE, in consideration 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 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
Northampton Standard Stormwater Agreement.doc Page 1 of3
Bk: 11794 Pg: 126
of Public Works by October l'' 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 ifafter 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 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 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.
1 O. 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.
Northampton Standard Stormwater Agreement.doc Page2 of3
Bk: 11794 Pg: 127
WITNESS the following signatures and seals:
Tlt<.IJTEFS-OP ./'Pl/ 71-1 ~ot: t rFc; £:
Company/Corporation/Partnership Name (Seal)
By~
(Type Name)
Pt/ll'Cl?IM. OF /7.;ff?IT'1( P';ZfJ,J?:CT.J
(Type Title)
COMMONWEALTH OF MASSACHUSETTS
County of Hampshire
On this 12_ day of S'§«'~ rt.._b~ , 20~ before me, the undersigned notary public, personally
appeared proved to me through satisfactory evidence of identification, which was a
Driver's License, to be the person whose name is signed on the proceeding document, and acknowledged to me that
he signed it voluntarily for its stated purpose. ~~ · ~ LISA M. NAWROCKI ~,()J\.D Qrr
@ Notary Public NOTARY PUBL C
Commonwea~ o_f Mass~husett1 . / / ()
My Comm1u1on Expirea My Commission Expires: I () · ~ ~ I
October 31, 2019
CITY OF NORTHAMPTON
O,C ~~,y-or ________ ,..:_
COMMONWEAL TH OF MASSACHUSETTS
County of Hampshire
On this 8o n. day of ()(fob ty , 20 J!L, before me, the undersigned notary public, personally
appeared IJIM'd T· Alar~i·ct.., proved to me through satisfactory evidence of identification, which was a
Driver's Licens;,Fo be the person whose name is signed on the proceeding document, and acknowledged to me that
he signed it voluntarily for its stated purpose. ~33. _ ~
~''111111111111''''" • NOT AR PUBLIC ~"\)'''!.\. SIMA _;1'~ ~,~ ••• 'V/Q' ~~,.-~ss1oit~ .. ~ ~ ~"' • ·o~~ci-1 1 o. _.~,.:. U\ \ I :~"~ ~ )'->~·. s
My Commission Expires: (YJQtih / ~ ;l.. PI 7
~ :~ ~ "': l i ~ : ! ~ . . ,-"' . . \~i~~~~.;
. ~Ht,;$~~\~
,.•
Northampton Standard Stormwater Agreement.doc Page 3 of3
Bk: 11794 Pg: 128
Smith College Paradise Road Housing August 26, 2014
Northampton, Massachusetts Stormwater Management Report
During Construction
Proposed
Stormwater Management System
Operation & Maintenance Plan
The Contractor shall be responsible for inspection and maintenance during construction.
At all times, siltation fabric fencing, stakes and straw bales, sufficient to construct a sedimentation
control barrier a minimum of 50 feet long, shall be stockpiled on the site in order to repair
established barriers which may be damaged or breached.
An inspection of all erosion control and stormwater management systems shall be conducted by the
Contractor at least once a week and during all rain storms until the completion of construction. In
case of any noted breach or failure, the Contractor shall immediately make appropriate repairs to
any erosion control system and notify the engineer of any problems involving stormwater
management systems.
A rain storm shall be defined as any of the following:
• A storm in which rain is predicted to last for twelve consecutive hours or more.
• A storm for which a flash flood watch or warning is issued.
• A single storm predicted to have a cumulative rainfall of greater than one-half inch.
• A storm not meeting the previous three thresholds but which would mark a third
consecutive day of measurable rainfall.
The Contractor shall also inspect the erosion control and stormwater management systems at times
of significant increase in surface water runoff due to rapid thawing when the risk of failure of
erosion control measures is elevated.
In such instances as remedial action is necessary, the Contractor shall repair any and all significant
deficiencies in erosion control systems within two days.
The Northampton Department of Public Works shall be notified of any significant failure of
stormwater management systems or erosion and sediment control measures, and shall be notified
of any release of pollutants to a water body (stream, brook, pond, etc.).
The Contractor shall remove the sediment from behind the fence of the sedimentation control
barrier when the accumulated sediment has reached one-half of the original installed height of the
barrier.
The Berkshire Design Group, Inc. Page 1
Bk: 11794 Pg: 129
Smith College Paradise Road Housing
Northampton, Massachusetts
Post-Construction
Stormwater Management System Owner:
Smith College
7 College Lane
Northampton, MA 01063
Party Responsible for Operation & Maintenance:
Smith College
7 College Lane
Northampton, MA 01063
Inspection & Maintenance Schedule:
1) Street Sweeping
August 26, 2014
Stormwater Management Report
Street and parking area sweeping shall take place a minimum of 2 times per year.
2} Yard Drains
Yard drains shall be inspected at least twice per year and cleaned annually, or more frequently if
greater than 50% full.
3} Hooded Catch Basin and/or Drain Manhole with Sump
Oil and water separators shall be inspected at least four times per year and cleaned annually, or
more frequently if required. Oil and sediments shall 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.
4) Stormwater Treatment Chambers
The Stormwater Treatment Chambers (one Stormceptor STC450 and one Stormceptor STC900,
or equal) 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. 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 on maintenance of the StormCeptor units, see the Stormceptor Owner Manual.
5) Subsurface Detention Basin & Outlet Control Structure
The subsurface detention basin requires regular removal of accumulated sediment to maintain
volume capacity. Pretreatment BMPs (Deep Sump Hooded Catch Basin) shall be inspected and
The Berkshire Design Group, Inc. Page 2
Bk: 11794 Pg: 130
Smith College Paradise Road Housing August 26, 2014
Northampton, Massachusetts Stormwater Management Report
cleaned as specified above. Proper maintenance of roof g~tters and pretreatment systems will
help to protect the integrity of the subsurface detention basin.
The outlet control structure shall be inspected after large storms to ensure no debris is
prohibiting flow through the outlet orifices in the riser pipe. All materials removed from the
detention basin and outlet control structure shall be removed and disposed of in accordance
with local, state and federal guidelines and regulations.
The Subsurface Detention Structure shall be inspected twice a year, and if any sediment is
observed within the structure, the structure shall be cleaned. The structure can be cleaned by
jetting water from the manifold with multiple access ports toward the opposite manifold, and
then jetting from one end of the manifold to the other end, and then any accumulated sediment
may be vacuumed out.
6} level Spreader
The level spreader shall be inspected once per month and after any rainfall greater than one
inch during the first year of operation, and four times per year or after any rainfall greater than
one inch thereafter. Inspections shall identify any damage to the level spreader, low spots and
signs of erosion at or near the level spreader, which shall be repaired immediately.
7) Pre-Cast Erosion Control Mat
The pre-cast erosion control mat shall be inspected once per month and after any rainfall
greater than one inch during the first year of operation, and four times per year or after any
rainfall greater than one inch thereafter. Inspections shall identify any damage or signs of
erosion within or around the outlet protection area, which shall be repaired immediately.
8} Bioretention Basin/Swales
The bioretention basin and swales shall be inspected at least four times per year and cleaned
annually, or more frequently if required. Failure of the system to drain (ponding 48 hours after
the end of the storm) shall result in inspection and cleaning. Oil and sediments shall be
removed and disposed of in accordance with local, state and federal guidelines and regulations.
Inspections shall identify any damage or signs of erosion within basin/swales, which shall be
repaired immediately. It is recommended that sediment removal be performed after the
completion of the spring snow melt.
9} Curb Inlets
The level spreader shall be inspected once per month and after any rainfall greater than one
inch during the first year of operation, and four times per year thereafter. Inspections shall
identify any erosion at or downstream of the inlets, which shall be repaired immediately. When
riprap becomes clogged with captured sediment, the material shall be removed and replaced, or
washed in a manner that prevents sediment from entering the site drainage system, and re-set.
The Berkshire Design Group, Inc. -
ATTEST: HAMPSHmE, p<--U~Otlr<4;_, ~EGIS'i'ER
1U.:!.ll~{ GtI .. IJl~HUT:l.:.·!3-
Page 3