Town of South Hadley, MA Article VIII Maintenance

§ 200-22 Operation, maintenance and inspection agreement.

A. Prior to any site work for which stormwater management is required, the Planning Board shall require the applicant or owner to execute an operation, maintenance and inspection agreement binding on all subsequent owners of land served by the private stormwater management facility. The agreement shall be designed to ensure that water quality standards are met in all seasons and throughout the life of the system. Such agreement shall provide for access to the facility at reasonable times for regular inspections by the Town or its authorized representative and for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet design standards and any provision established. The agreement shall include:

(1) The name(s) of the owner(s) for all components of the system.

(2) Maintenance agreements that specify:

(a) The names and addresses of the person(s) responsible for operation and maintenance.

(b) The person(s) responsible for financing maintenance and emergency repairs.

(c) A maintenance schedule for all drainage structures, including swales and ponds, consistent with the requirements of the Stormwater Design Manual.

(d) A list of easements, with the purpose and location of each.

(e) The signature(s) of the owner(s).

(3) Stormwater management easements as necessary for:

(a) Access for facility inspections and maintenance.

(b) Preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities, including flood routes for the 100-year storm event.

(c) Direct maintenance access by heavy equipment to structures requiring regular cleanout.

(4) Stormwater management easement requirements.

(a) The purpose of each easement shall be specified in the maintenance agreement signed by the property owner.

(b) Stormwater management easements are required for all areas used for off-site stormwater control, unless a waiver is granted by the Town of South Hadley.

(c) Easements shall be recorded with the Registry of Deeds prior to issuance of a certificate of completion.

(5) Changes to operation and maintenance plans.

(a) The owner(s) of the stormwater management system must notify the Planning Department/DPW of changes in ownership or assignment of financial responsibility.

(b) The maintenance schedule in the maintenance agreement may be amended to achieve the purposes of this bylaw by mutual agreement of the Planning Board/DPW and the responsible parties. Amendments must be in writing and signed by all responsible parties. Responsible parties must include the owner(s), persons with financial responsibility, and persons with operational responsibility. A copy of any such approved amendments shall be filed with the office of the Planning Board by the owner(s) of the stormwater management system.

B. The agreement shall be recorded by the applicant and/or owner in the land records of the Registry of Deeds.

C. The agreement shall also provide that if, after notice by the Planning Board or Department of Public Works to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner(s) within 30 days, the Department of Public Works may perform, but is not required to do so, all necessary work to place the facility in proper working condition. The owner(s) of the facility shall be assessed the cost of the work and any penalties.

§ 200-23 Maintenance responsibility.

A. The owner of the property on which work has been done pursuant to this bylaw for private stormwater management facilities, or any other person or agent in control of such property, shall maintain in good condition and promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sediment control measures and other protective devices. Such repairs or restoration and maintenance shall be in accordance with approved plans.

(1) If the DPW has reason to believe that the facilities are not properly maintained or need repair, the DPW may require such tests/inspections as the DPW Superintendent deems necessary. The party responsible for maintenance of the facilities shall undertake the test/inspections required by the DPW Superintendent within the reasonable time set forth by the DPW Superintendent. A copy of all results and documentations of the tests/inspections shall be submitted to the DPW Superintendent within seven calendar days of their completion.

(2) If the tests/inspections required under Subsection A(1) demonstrate that repairs or modifications of the facilities are necessary, the party responsible for maintaining the facilities shall make the necessary repairs/remedial actions as necessary within such time period as directed by the DPW Superintendent. Any such time period shall be reasonable and be set in consideration of the degree of complexity and cost for their undertaking, but also in consideration of the potential for impact on the environment and public health for delays in implementation.

B. A maintenance schedule shall be developed for the life of any stormwater management facility and shall state the maintenance to be completed, the time period for completion, and who shall be legally responsible to perform the maintenance. This maintenance schedule shall be included with the stormwater management permit application.

C. Records of installation are to be maintained in perpetuity. All records of maintenance and inspections must be retained for a minimum of three years by the owner as measured from the date of the maintenance activity or inspection. A copy of all maintenance and inspection records and reports shall be submitted to the DPW Superintendent within 30 calendar days of completion of the maintenance activity or inspection.

D. Failure to adhere to approved maintenance practices (including, but not limited to, schedules) is considered a violation of the stormwater permit.