Fairgrounds Phase 1_OM_20120409, ...
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STORMWATER MANAGEMENT OPERATION,
MAINTENANCE, AND INSPECTION AGREEMENT
City of Northampton, MA
Department of Public Works
(413) 587-1570
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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
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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.
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WITNESS the following signatures and seals:
(Type Name)
(Type Title)
COMMONWEALTH OF MASSACHUSETTS
County of Hampshire
Ar-.#-1 Cc.Jl-71.Ji!A t-
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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 ~
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My Commission Expires: '.b-:J..-1 fl
CITY OF NORTHAMPTON
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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
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Approved as to Form: r.;~~·'"o 1W;fl~)t~,~
City Solicitor Date
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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
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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
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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
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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
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