The Ridge_OM_20150421Bk: 11915 Pg: 344
STORMW ATER MANAGEMENT OPERATION,
MAINTENANCE, AND INSPECTION AGREEMENT
City of Northampton, MA
Department of Public Works
(413) 587-1570
111111111111111111111111111111111111111111111111111111111111111111111111111 2015 00006303
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Recorded: 04/2112015 10:51 AM
THIS AGREEMENT, made and entered into this~ay of March, 2015, by and between (Insert Full Name of
Owner) Mt. Tom Properties, LLC hereinafter called the "Landowner", and the City of Northampton, hereinafter
called the "City".
WITNESS ETH, that WHEREAS, the Landowner is the owner of certain real property at (Street Address) Lots 1, 2,
5, 6, 12 and 13, Ridge View Road as described as (City of Northampton Assessors Map/Parcel/Lot Number) Map
41, Lots 63, 64, 60, 57 and 56 and Map 48, Lot 29 as recorded by deed in the land records of Hampshire
County, Massachusetts, Deed Bofok 11373 Page 104, 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 "The Ridge", (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 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:
I. 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 !81 each year. The purpose of the inspection is to assure safe and
proper functioning of the facilities. The inspection shall cover the entire facilities, storm water
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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 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 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.
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:
Mt. Tom Properties. LLC
By: C~~ipName(Seal)
Randall Gage
(Type Name)
Manager
(Type Title)
COMMONWEALTH OF MASSACHUSETTS
County of Hampshire
On thi 3o4hday of March, 2015, before me, the undersigned notary public, personally appeared
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COMMONWEAL TH OF MASSACHUSETTS
County of Hampshire
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ATTACHMENT A
Stormwater Facility Maintenance Schedule
Name of Project: -"'C'-"o'"""lo=n=i=a=l-=E=s""'ta=t=-=e-"-s ______________________ _
Project Location: Ridge View Road, Northampton, MA
Assessor's Map, Parcel(s): 4...;..8=--....;:;.0=28=-=&=-4-=-1=--....;:;.0...;..44..;:....=&=-4-=-1=--....;:;.0-=-65=----------------
Owner of the Stormwater System:
The Developer, Sovereign Builders, Assignment by Deed in lieu of Foreclosure to
Mt Tom Properties, LLC
3 6 Main Street
Easthampton, MA 01027
Shall own the stormwater management system until such time that the Homeowners Association
is established.
Responsible Party for Operation & Maintenance of Stormwater System
The Developer,
Randall Gage, Manager
Mt. Tom Properties, LLC
36 Main Street
Easthampton, MA 01027
Shall be responsible for the stormwater management system until such time that the
Homeowners Association is established.
Financial Responsibility for Operation & Maintenance of Stormwater System:
The Developer,
Mt Tom Properties, LLC
36 Main Street
Easthampton, MA 01027
Shall be financially responsible for the storm water management system until such time that the
Homeowners Association is established.
Maintenance Schedule
Hooded Catch Basins
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,
Attachment A: Stormwater Facility Maintenance Schedule Page 1 of 3
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the system must be cleaned immediately following the spill and the proper authorities notified.
This task will be the responsibility of the City after the street is accepted.
Detention Areas
The detention basin and outlet control structures/pipes shall be inspected at least once annually
for cracking and erosion of side slopes and embankments, accumulation of sediment, and
condition of rip rap & vegetative cover. Any areas devoid of vegetation or rip rap shall be
loamed, seeded, and protected with mulch or other suitable material. The vegetation in and
around the basin shall be mowed at least once per growing season to prevent the establishment of
woody growth and other undesirable plants. Sediment and debris shall be removed at least once
annually before the vegetation is adversely impacted. Inspection and maintenance shall be
performed to ensure that no sediment or debris blocks both the smaller orifice and the upper level
overflow of the outlet control structures.
Flared End Inlet and Outlet
Areas up gradient of the flared end inlet and down gradient of the flared end outlet shall be
inspected for erosion at least once annually. Debris and sediment should be removed and the
inlet and outlet pipe openings cleaned of any obstructions as necessary and at least once
annually. Any eroded areas shall be loamed and seeded or protected with suitable material.
Storm water Treatment Chambers
The Stormwater Treatment Chambers, of which there are (2) VortSentry HS-36 water quality
structures, shall be cleaned at least once annually. The system should be inspected and
maintained according the manufacturer's specifications. CONTECH Engineered Solutions, the
manufacturer of VortSentry HS, recommends that maintenance be completed on the structures at
least once per year, but advises that the units be checked once every six months, once in the
spring and once in the fall 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 VortSentry HS should be cleaned when the sediment has
accumulated to a depth of two feet in the treatment chamber. This determination can be made by
taking two measurements with a stadia rod or similar measuring device; one measurement from
the manhole opening to the top of the sediment pile and the other from the manhole opening to
the water surface. If the difference between these measurements is less than the distance given in
Table 2 of the VortSentry HS Guide, the VortSentry HS should be maintained to ensure effective
treatment. All material removed from the VortSentry HS shall be disposed in accordance with
applicable local, state, and federal guidelines and regulations. For more detail of how the
VortSentry HS should be maintained see the VortSentry HS Guide.
Pavement Sweeping
Pavement shall be swept a minimum of twice per year in the spring and fall. This task will be the
responsibility of the City after the street is accepted.
Winter Maintenance
Snow shall not be plowed into the detention basins and a snowmelt flow path from the pavement
to the detention basins shall be maintained during snow and ice conditions.
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Record Keeping and Annual Reports
Records shall be maintained by Mt. Tom Properties, LLC until such time that the The Ridge
Homeowners Association adopts responsibility. The record keeping agency shall document all
routine and emergency maintenance work performed to the storm water 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 3 of 3
AITilST: HAMPSlIIllE, ~~·, REGWTElt
MARY LBERD