23 Laurel St Stormwater O&Mlillllll2024 00003866
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STORMWATER MANAGEMENT OPERATION,Recorded:���-5�5 Page: 1 of 11
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MAINTENANCE, AND INSPECTION AGREEMENT
City of Northampton, MA
Department of Public Works
(413) 587-1570
THIS AGREEMENT, made and entered into this IQ day of Mr%V4, , 20_24., by and between (Insert Full
Name of Owner) 23 Laurel Street LLC
the "Landowner", and the City of Northampton, hereinafter called the "City".
hereinafter called
WITNESSETH, that WHEREAS, the Landowner is the owner of certain real property at (Street Address)
23 Laurel Street
Map/Parcel/Lot Number)
38A-049
as described as (City of Northampton Assessors
as recorded by deed in the land
records of Hampshire County, Massachusetts, Deed Book 14982 Page 126 , 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 23 Laurel Street
(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:
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
Stormwater Operation, Maintenance and Inspection Agreement Page 1 of 3
of Public Works by October 11 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 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.
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.
Stormwater Operation, Maintenance and Inspection Agreement Page 2 of 3
23 Laurel Street LLC, a Massachusetts limited liability company
WITNESS the following signatures and seals: By: 23 Laurel Street GM LLC, a Massachusetts limited liability company,
its managing member
By: Valley Community Development Corporation, a Massachusetts
nonprofit corporation, its managing member
By:
Laura Baker
(Type Name)
Real Estate Development Director
(Type Title)
COMMONWEALTH OF MASSACHUSETTS
County of Hampshire
On this 17 day of m A - e cA— , 201! , before me, the undersigned notary public, personally
appeared east }�„Us�.�-� , proved tome 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.
FDONNA G CABANA NO ARYPU13LIC
Notary Public
MONWEALTH OF MASSACHUSETTS My Commission Expires: &a a7 a --
y Commission Expires On
December 27, 2024
CITY OF NORTHAMPTON
By: T
Gi Louise Sciarra, Mayor
COMMONWEALTH OF MASSACHUSETTS
County of Hamps it
On this day of a� %� , 20 i� before me, the undersi notary public, personally
appeared 1f16 1 MiKe SA kiri'Gt proved to me through factory evidenO6 of identifi 'on, 1hich was a
Driver's Li ense, to be the person whose name is signed on the ro eeding doc ent, and ac owled tome that
he signed it voluntarily for its stated purpose. A ,L 1117
AWARY PUBLIC—
ANNIE LYONS LESKO /�,�
Notary Public My Commission Expires. l�_ � &'—d 71, -267,5-
C
67
GOIYINOMWEUTN OF MA$BACNUSETTS
My Commission Eupiras
March 21, 2025
Stormwater Operation, Maintenance and Inspection Agreement Page 3 of 3
ATTACHMENT A
Stormwater Facility Maintenance Schedule
Name of Project: 23 Laurel Street
Project Location: 23 Laurel Street, Northampton, MA
Assessor's Map, Parcel(s): 38A,049
Owner of the Stormwater System: 23 Laurel Street LLC
Responsible Party for Operation & Maintenance of Stormwater System:
23 Laurel Street GM LLC (subsidiary of Valley Community Development Corporation)
Financial Responsibility for Operation & Maintenance of Stormwater System:
23 Laurel Street LLC
Inspection & Maintenance Schedule:
1) Yard Drains
Yard drains should be inspected quarterly 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.
2) Catch basins
Structures shall be inspected four times per year and cleaned if sediment build up exceeds 6"
but no less than every 2 years. 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.
3) Water Quality Unit
The stormwater treatment chamber is a Stormceptor manufactured by Contech. This unit
provides water quality for the driveway and parking lot.
The visual inspection should ascertain that the system components are in working order and
that there are no blockages or obstructions in the inlet and separation screen. The inspection
should also quantify the accumulation of hydrocarbons, trash, and sediment in the system.
Measuring pollutant accumulation can be done with a calibrated dipstick, tape measure or other
measuring instrument.
The stormwater treatment chamber should be inspected at regular intervals and maintained
when necessary to ensure optimum performance. The system shall be inspected at least four
times during the first year and at least twice per year thereafter.
The hydrodynamic separator system should be cleaned when the level of sediment has reached
6 inches or when an appreciable level of hydrocarbons and trash covers over 50% of the water
Attachment A:
23 Laurel Street Stormwater Operation and Maintenance Page 1
surface of the separator. The level of sediment is easily determined by measuring from finished
grade down to the top of the sediment pile. To avoid underestimating the level of sediment in
the chamber, the measuring device must be lowered to the top of the sediment pile carefully.
Particles at the top of the pile typically offer less resistance to the end of the rod than
consolidated particles toward the bottom of the pile. Sediment shall be removed by a vacuum
truck and disposed of in accordance with applicable regulations. If sediment accumulates fast
enough to require removal more than once per year, the inspection frequency shall be
increased.
4) Sediment Forebay
The sediment forebay shall be inspected monthly for sediment accumulation and signs of
damage or erosion. Sediment shall be removed four times per year with one event after the
completion of spring snow melt. Sediment shall be disposed of in accordance with local, state,
and federal guidelines and regulations. When mowing grasses, keep the height no greater than
6 inches. Set the mower blades no lower than 4 inches. Check for signs of rilling and gullying and
repair as needed. After removing the sediment, replace any vegetation damaged during the
clean-out by either reseeding or re -sodding. When reseeding, incorporate practices such as
hydroseeding with a tackifier, blanket, or similar practice to ensure that no scour occurs in the
forebay, while the seeds germinate and develop roots.
5) Subsurface detention and Infiltration System
A. Check all inlets and outlets through inspection ports for clogging and remove any debris
quarterly in the first year and at least yearly thereafter. All materials removed from the outlet
control structure shall be removed and disposed of in accordance with local, state and federal
guidelines and regulations.
B. Sediment accumulation: The subsurface detention and infiltration system includes a
separator row designed to capture the first flush of a rain event. The Cultec Separator row is
a row of chambers surrounded on all sides by filter fabric. This configuration is designed to
trap any sediment or debris that may pass through the upstream pretreatment and into the
chamber system. As recommended by Cultec, the Separator row shall be inspected every six
months for the first year of service and annually thereafter. Inspection of the Separator row
is achieved via an inspection port riser installed on one end. When the sediment depth
exceeds 3" in the Separator row, the 1etVac procedure described in the attached Cultec
literature shall be used to remove the sediment from the Separator row. Sediment -laden
water can be filtered through a Dirtbag® or approved equivalent if permitted by the locality.
All materials removed from the outlet control structure shall be removed and disposed of in
accordance with local, state and federal guidelines and regulations.
C. If additional sediment is observed in the infiltration basin beyond the Separator row or if
ponding is observed within the chamber system more than 72 -hours after a storm, the owner
should contact a professional engineer to evaluate the impact to the detention basin,
recommend changes to the pre-treatment devices or maintenance procedures, and to
determine if remedial action is necessary.
Attachment A:
23 Laurel Street Stormwater Operation and Maintenance Page 2
6) Infiltration basin
The infiltration basin shall be inspected after every major storm for the first three months and
two times per year thereafter. Failure of the system to drain (ponding 48 hours after the end of
the storm) shall result in inspection and cleaning. Inspections shall identify any damage or signs
of erosion within basins or the overflow berm. Damage shall be repaired immediately. At least
twice per year, mow the buffer area, side slopes, and basin bottom. Remove grass clippings and
accumulated organic matter to prevent an impervious organic mat from forming. Remove trash
and debris at the same time. Use deep tilling to break up any clogged surfaces and revegetate
immediately. Remove sediment from the basin as necessary but wait until the floor is thoroughly
dry. Use light equipment to remove the top layer so as to not compact the underlying soil. Deeply
till the remaining soil and revegetate as soon as possible. Rake sediment from stone areas and
remove. It is recommended that sediment removal be performed after the completion of the
spring snow melt.
7) Outlet Control Structures
A. The outlet control structure for the surface infiltration basin shall be inspected quarterly and
after large storms (greater than 2" in 24 -hours) to ensure no debris is prohibiting flow
through the 6" orifice and the grate. Inspections should confirm that there is no standing
water in the structure and that the bottom is visible. All materials removed from the outlet
control structure shall be removed and disposed of in accordance with local, state and
federal guidelines and regulations.
B. The outlet control structure for the Cultec subsurface system shall be inspected quarterly
and after large storms (greater than 2" in 24 -hours) to ensure no debris is prohibiting flow
through the outlet orifices in the riser pipe. Inspections should confirm that there is no
standing water in the structure and that the bottom is visible. All materials removed from
the outlet control structure shall be removed and disposed of in accordance with local, state
and federal guidelines and regulations.
8) Storm Drain Outlet Protection
The integrity of riprap outlet armoring shall be inspected twice per year for signs of dislodged
stones or erosion at the perimeter of the apron. Any damage should be repaired to return the
apron to the condition shown in the contract documents. While some growth of herbaceous
plants is expected, regular trimming is required to prevent growth from restricting the free flow
of water across the apron.
9) French Drains/Swales
Inspect swales or conveyances multiple times in the first few months after construction and twice
per year thereafter. Look for signs of erosion and, if found, repair immediately. Constructed
swales should be mowed at least once per year to prevent the growth of shrubs or trees but may
be mowed more often at the discretion of the property owner. If swales with French drains are
found to drain poorly and/or have standing water, sediment or obstructions shall be removed
from the flow line, and if needed sediment shall be removed from the top layer of stone and the
Attachment A:
23 Laurel Street Stormwater Operation and Maintenance Page 3
perforated underdrain shall be cleaned to re-establish free drainage. All materials removed from
the outlet control structure shall be removed and disposed of in accordance with local, state and
federal guidelines and regulations.
Attachment A:
23 Laurel Street Stormwater Operation and Maintenance Page 4
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