HomeMy WebLinkAboutAgreement PLANNER 7/11/2013 Notice of Operations and Maintenance Agreement
Private Stormwater Management and Treatment System
The undersigned owner(s), is hereby given notice that stormwater runoff from the "Property"
described below requires stormwater management facilities to be located, designed, and constructed
in compliance with the City of Springfield's Engineering Design and Procedures Manual. Said
facilities shall be operated and maintained in accordance with the Facility Specific Operations &
Maintenance Agreement 40&M Agr ement) to be placed on file with the City of Springfield, Public
Works Depa ent.
Q to (Property Owner/Developer)
acknowledges and agrees t maintain private stoimwater treatment facilities listed in this document.
The maintenance of the stormwater facilities listed in this document is required as part of the
development agreement with the City of Springfield. This facility will be operated and maintained
in accordance with the requirements stated in this document and in the latest edition of the City of
Springfield Engineering Design Slandards and Procedures Manual, Chapter 3. The City reserves
the right to enter and inspect any stormwater facility located on the "Property" to ensure the
facilities are operating as designed. Failure of the responsible party to inspect and maintain the
facilities can result in an adverse impact to the public stormwater system and the quality of
receiving waters.
The requirement to operate and maintain the stormwater treatment facilities in accordance with the
approved site development agreement and the site Facility Specific O&M Agreement is binding on
all current and future owners of the property. The Agreement and its Facility Specific O&M Plan
may be modified under written consent of new owners with written approval by and re-filing with
the City. The O&M Agreement and O&M Plan for facilities constructed pursuant to this notice will
be available at the Public Works/ Development Services Department at 225 Fifth St, Springfield
Oregon or call (541)-736-3753, between the hours of 8 a.m. and 5 p. in., Monday through Friday.
The Subject premises, is legally described as follows:
(Tax lot number cannot be used to describe the property. Legal descriptions may be obtained from the county assessor's
office).
SEE EXHIBIT "A"
ATrACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
By signing below, the signer accepts and agrees to the terms and conditions contained in the
Operations and Maintenance Plan and in any documents attached. This instrument is intended to be
binding upon the parties hereto, their heirs, successors, and assigns.
In Witness whereof, the undersigned has executed this instrument on this day of 20_.
Owner(s):
Signature
Print Name S L
STATE OF OREGON, County of Lane,
This instrument as now edge before me this ��� day of�l Ste;
By D" C , owners of the above described premises.
Notary-Public for Oregon My Commission Expires
CITY OF SPRINGFIELD OFFICIAL SEAL .
KATHRYN E REEDER ,
By NOTARY PUBLIC-OREGON
artment Dl[eC10C COMMISSION NO. 443126
MY COMMISSION EXPIRES OCT 4,2013
STATE OF OREGON, Cou f Lane,
This instrument as ackn edged be e this day of
By ers of the above described premises.
Notary Public for Oregon My Commission Expires
Date Received1.1I
planner: LM
Operations and Maintenance Agreement
Private Stormwater Management and Treatment System
Land Development Application Number: _T_YPI 13-00012
Owner's Name: 'ZPA,�} L S`V4ME5 -uGN -CO T+eS LLC-
Phone No.: S`-il - -746 - 4 ,+1-7
Mailing Address: LF4 Lav--(11Qyj OPIVE - G GENE OR *;7�
Site Address: 1863 Laura J}"
Site Map and Tax lot No.: (7-03- V7 - t0 3UG -A�K )04- #
(Or attach document with additional lot information if the facility crosses more than one lot)
Type Of Facility(ies): _Infiltration swales 15 t10 WW A, e-S
Requirements
I) Stormwater Management Site Plan, (min. 8 1/2" x I I" attached to this form) showing the location of
the facility(ies) in relation to building structures or other permanent monuments on the site, sources of
runoff entering the facility(ies), and where stormwater will be discharged to after leaving the facility(ies).
Landscape and vegetation should be clear on the plan submitted or submit a separate document showing
vegetation type, location, and quantity (landscape plan). These can be the same plans submitted for
development review.
The stormwater management facility(ies) shown on the site plan are a required condition of development
approval for the identified property. The owner of the identified property is required to operate and
maintain this facility(ies) in accordance with the Facility Specific Operation and Maintenance Plan
(O&M Plan) attached to this form and on file with the City. The O&M Plan for the facility(ies) will be
available at the Public Works Department, located at 225 5`h Street, Springfield, Oregon between the
hours of 8 a.m. and 5 p.m., Monday through Friday.
2) Financially responsible party (circle one):
Homeowner Association, Property Owner, Other (described)
3) Party(ies) responsible for maintenance (only if other than owner).
Daytime phone no. ( ) -
Emergency/after-hours contact phone no. ( )
Maintenance Contact party(ies) Name & Busniness Address:
4) Maintenance practices and schedule for the stormwater facility(ies) are included in the facility specific
O&M Plan(s) attached to this form and filed with the Public Works Department, City of Springfield. The
operation and maintenance practices are based on the version of the City of Eugene's Stormwater
Management Manual in effect at the date of development application, as modified by any plans attached
to this document at the time of signing.
Application Date:
By signing below, filer accepts and agrees to the terms and conditions contained in the Operations &
Maintenance Plan a in any documt executd by filer and recorded with it.
Filer Signature: �G
Print Name: .e ,L Sr4)Y&4U6/-1 l)AtA /fie
71 Ti I I
pate Received:
Planner: LM
INFORMATION PACKET
For
STORMWATER QUALITY FACILITY
OPERATIONS & MAINTENANCE PLAN
This packet presents operation and maintenance (O&M) requirements for stormwater management
facilities designed and installed in the City of Springfield.
HOW TO USE THIS PACKET
1) After using Chapters 3 and 4 of the Springfield Engineering Design Standards and Procedural
Manual to complete a stormwater management design for the project, fill out the Notice of
Operation & Maintenance Agreement and the Operations & Maintenance Agreement. Both
are included in this packet.
2) Attach a copy of the stormwater management plan showing the location of the stormwater
management facilities on the site, sources of stormwater runoff, and ultimate stormwater
destination to the agreements.
3) Private Facilities:
• Record a copy of the Notice of Operation & Maintenance Agreement with Lane County
Deeds and Records. Submit with the final site plan a recorded copy of the Notice of
Operation & Maintenance Agreement, the Operations & Maintenance Agreement,
and the Facility Specific O&M Plan for each stormwater management facility permitted
on the site. The O&M activities listed on the Facility Specific O&M documents, which
will be on file with the City Engineer, may later be revised with City Engineer approval.
4) Public Facilities:
• Submit a copy of a Facility Specific O&M Plan with the Public Improvement Permit
Project. County recording of this plan is not necessary.
Note: Enforcement rules regarding the•inspection, operations, and maintenance of stormwater
management facilities can be found in the Springfield Engineering Design Standards and Procedures
Manual Chapter 3.
Date Received_ I t ja�
Plamoer: LM
WQ Facility Submittal Packet Page I DRAI''r EDSP May 2012
0
INTRODUCTION
Notice of Operation & Maintenance A2reennent
This packet contains a template Notice of Operations & Maintenance Agreement (NOMA). The
template may be used as is or modified, subject to City Engineer approval, to meet the needs of a specific
site. The NOMA identifies the property as having a storm water management facility on the property and
identities the responsible party for future operations and maintenance. The NOMA must be completed
and recorded at Lane County Deeds and Records. Signatures on the NOMA shall be notarized.
The intent of the NOMA is to ensure that the facility will be identified to future property owners and that
the facility will be maintained according to City Codes, an O&M Agreement and the O&M Plan for the
site.
Operations & MaintenanceAkreennent
This packet contains a template of an Operations & Maintenance Agreement. The template may be used
as is or modified, subject to City Engineer approval, to meet the needs of a specific site. The O&M '
Agreement identifies the property as having a stormwater management facility on the property and
identifies the owner's name, address, and phone number, the site address, financially responsible party for
ongoing operation and maintenance, and parties responsible for inspecting and maintaining the facility.
The O&M Agreement does not need to be recorded. The intent of the Agreement is to ensure that the
facility will be maintained for functionality, aesthetics, and will identify accountability. The stormwater
site plan attached to the Agreement will help identity to the owners and inspectors the location and the
functions of the stormwater facilities, and the Facility Specific O&M Plan will identify the routine
maintenance procedures and scheduling.
Facility Specific Operations & Maintenance Plan W&M Plan)
This packet provides Facility Specific Operations and Maintenance (O&M) Plans for each type of
stormwater quality facility included in the Springfield Engineering Design Standards and Procedures
Manual. Stormwater facilities that are not included in this packet (i.e. a manufactured stormwater
treatment technology), are required to submit an O&M Plan that meets the manufacturer's requirements
and facility-specific O&M activities consistent with ongoing function of the stormwater facility(ies).
The O&M Plan strategies in this packet apply to all stormwater management facilities and related facility
components identified in Chapter 3. However, stormwater destination facilities are required to be
operated and maintained in working condition for the life of the facility.
WQ Facility Submittal Packet '` Page 2 DRAFT EDSP May 2012
O&M PLAN SUBMITTALS
Privately Maintained Facilities
The Operations and Maintenance (O&M) Plan for a privately maintained facility shall include the
following components for each development site. A complete Plan must be submitted and approved
prior to issuance of the development agreement.
1. A recorded copy of the Notice of Operation& Maintenance Agreement
2. Operations & Maintenance Agreement
3. Stormwater management site plan (as approved under the development agreement)
4. Landscape plan
5. Stormwater Management Facility Inspection and Maintenance Log
6. Facility-specific O&M Plans
1. Notice of Operations & Maintenance Agreement. The Notice of O&M Agreement identifies the
property as having a stormwater management facility on the property and identifies the responsible
party for future operations and maintenance. The Notice must be completed and recorded at Lane
County Deeds and Records. Signatures on the Notice shall be notarized. The Notice may be
submitted in person or mailed, along with payment of the applicable fees, to the County Recorder's
m
Office, Lane County Deeds and Records, 125 E. 8 Avenue, Eugene, OR 97401.
http://www.co.lane.or.us/AT PropRec/default.htm.
The property description on the Notice must be a full legal description of the property and may not be
a tax lot number. Legal descriptions may be obtained from the county assessor's office. The Notice
shall be printed on legal-sized (8 'h x 14) paper to facilitate the recording process. If printed on
smaller paper, additional recording fees may apply.
2. Operations & Maintenance Agreement. The completed Form must identify the owner's name,
address, and phone number, the site address, financial method used to cover future operation and
maintenance, and parties responsible for inspecting and maintaining the facility. The O&M
Agreement does not need to be recorded.
3. A copy of the Stormwater Management Site Plan shall be attached to the O&M Agreement. The
plan, approved as part of the development agreement, must show the location of the facility(ies) on
the site, the sources of runoff entering the facility, and the ultimate stormwater destination.
4. A landscape Plan (if separate from the stormwater management site plan) shall be attached to the
O&M Agreement. The plan, approved as part of the development agreement, must show the
location, density, and species by scientific and common name, plant size and quantity.
5. Stormwater Management Facility Inspection and Maintenance Log. Storm ter anagement
Date Received
WQ Facility Submittal Packet Page 3 ^alfflUll UWRAFTFDSPMay2012
facility inspection and maintenance logs must be kept on file by the facility owner(s). Logs should
note all inspection dates, the facility components that were inspected, and any maintenance or repairs
made. The facility-specific O&M plans can serve as a checklist for what should be included in the
log (e.g. the facility elements that need to be inspected, frequency of inspection, conditions that
indicate maintenance is needed, etc.). An example of an Inspection and Maintenance Log is
included in this packet.
6. Facility-specific O&M Plans. Facility specific O & M plans provided in this packet identify the
specific O&M activities that are required for each of the approved stormwater management facility
listed in Springfield Engineering Design Standards and Procedural Manual. The appropriate plan
must be attached to the O&M Agreement and submitted as part of the application process.
Applicants may either select and use the pre-approved O&M Plans provided in this packet or prepare
an O&M Plan that incorporates the specific activities that corresponds with their chosen type of
stormwater facilities. The facility-specific O&M plans do not have to be recorded with the County.
This allows the future stormwater management facility owner to submit O&M activity revisions to the
City without the need to re-record the O&M plan with the County.
The facility-specific O&M activities for private facilities may be modified any time after permit
issuance. Modifying the O&M activities is optional, and is intended to give the owner an opportunity
to adjust maintenance needs according to site-specific history and conditions. Proposed modifications
to the O&M Plan must be submitted, along with an up-dated O&M Agreement, to the City for review
and approval.
Operations & Maintenance Plans for Proprietary Facilities. Proprietary Operations &
Maintenance plans for approved proprietary facilities must describe the inspection, cleaning,
operation and maintenance criteria for the facility and provide manufacturers recommended
maintenance if applicable.
O&M ENFORCEMENT
Stormwater facilities constructed to comply with the requirements of this Manual shall be properly
operated and maintained for the life of the facility. The O&M Agreement must identify the parties
responsible for the on-going operations and maintenance of the stormwater treatment facilities.
Springfield has the right and responsibility to inspect private facilities to assure they are being operated
and maintained in accordance with the approved design,the O&M Agreement, the Facility Specific O&M
Plan, and this Manual. In the event that the City finds that one or more of the stormwater facilities on a
site do not comply with the terms of the Development Agreement, including the O&M Plan required by
this Chapter, a written notice shall be given to the property owner listing the non-compliant aspects of the
stormwater facility, including a time line for achieving compliance. In the event that the owner does not
bring the stormwater facility into compliance the City may, at its discretion, restore the stormwater facility
to compliance and bill the property owner for the cost of the remedial actions required to restore the
stormwater facility to an operational condition.
WQ Facility Submittal Packet - Page 4 DRAFT EDSP May 2012
STORMWATER MANAGEMENT FACILITY
INSPECTION & MAINTENANCE LOG (SAMPLE)
Property Address:
Inspection Date:
Inspection Time:
Inspected By:
Approximate Date/Time of Last Rainfall:
Type of Stormwater Management Facility:
Location of Facility on Site (In relation to buildings or other permanent structures):
Water levels and observations (Oil sheen, smell, turbidity, etc.):
Sediment accumulation & record of sediment removal:
Condition of vegetation (Height, survival rates, invasive species present, etc.) & record of
replacement and management (mowing,weeding, etc.):
Condition of physical properties such as inlets, outlets, piping, fences, irrigation facilities,
and side slopes. Record damaged items and replacement activities:
Presence of insects or vectors. Record control activities:
Identify safety hazards present. Record resolution activities:
Date Received:-j
Planner: LM
WQ Facility Submittal Packet Page 5 DRAFT EDSP May 2012
Swales (Vegetated,Grassy,and Street)
Operations& Maintenance Plan
Swales are vegetated or grassed open channels that trap pollutants by filtering and slowing flows, allowing
particles to settle out. The Swale should drain within 48 hours of a storm event. All facility components,
vegetation, and source controls shall be inspected for proper operations and structural stability,at a minimum,
quarterly for the first 2 years from the date of installation, 2 times per year thereafter, and within 48 hours after
each major storm event. The facility owner must keep a log, recording all inspection dates, observations, and
maintenance activities.The following items shall be inspected and maintained as stated:
Swale Inlet(such as curb cuts or pipes) shall maintain a calm flow of water entering the Swale.
• Source of erosion shall be identified and controlled when native soil is exposed or erosion channels are
forming.
• Sediment accumulation shall be hand-removed with minimum damage to vegetation using proper erosion
control measures. Sediment shall be removed if it is more than 3" thick or so thick as to damage or kill
vegetation.
• Inlet shall be cleared when conveyance capacity is plugged. Sources of sediment and debris shall be
identified and corrected.
• Rocks lash pads, spreaders and dissipaters shall be replenished to prevent erosion.
Side Slopes shall be maintained to prevent erosion that introduces sediment into the swale.
• Slopes shall be stabilized and planted using appropriate erosion control measures when native soil is
exposed or erosion channels are forming.
Swale Media shall allow stormwater to percolate uniformly through the landscape Swale. If the Swale does not
drain within 48 hours, it shall be tilled and replanted according to design specifications.
• Swale area shall be protected during construction from compaction.
• Annual or semi-annual tilling shall be implemented if compaction or clogging continues.
• Debris in quantities that inhibit operation shall be removed routinely(e.g., no less than quarterly), or upon
discovery.
Swale Outlet shall maintain sheet flow of water exiting Swale unless a collection drain is used. Source of erosion
damage shall be identified and controlled when native soil is exposed or erosion channels are fanning.
• Outlets such as drains and overland flow paths shall be cleared when 50% of the conveyance capacity is
plugged.
• Outlet structures shall be cleaned of sediment and debris at least l time per year or when the level is at 50%
of the conveyance capacity.
• Sources of sediment and debris shall be identified and corrected.
Vegetation shall be healthy and dense enough to provide filtering while protecting underlying soils from
erosion. Mulch shall be replenished as needed to ensure survival of vegetation.
• Vegetation, large shrubs or trees that interfere with landscape swale operation shall be pruned.
• Fallen leaves and debris from deciduous plant foliage shall be removed if build up is damaging vegetation.
• Grassy Swales shall be mowed to keep grass 4"to 9" in height. Clippings shall be removed when possible,
to remove pollutants absorbed in grasses, or when build up is damaging vegetation.
• Nuisance and prohibited vegetation (such as blackberries and English Ivy) shall be removed when
discovered. Invasive vegetation contributing up to 25% of vegetation of all species shall be removed and
replaced.
• Dead vegetation and woody material shall be removed to maintain less than 10%of area coverage or when
swale function is impaired. Vegetation shall be replaced within 3 months, or immediately if required to
maintain cover density and control erosion where soils are exposed.
Debris and Litter shall be removed to ensure stormwater conveyance and to prevent clogging of inlet and outlet
drains and interference with plant growth.
Spill Prevention measures shall be exercised when handling substances that contaminate stormwater. Releases
of pollutants shall be corrected as soon as identified.
Training and/or writtenguidance'information for operating and maintaining Swales shall be provided to all
property owners and tenants. A co-"of the O&M Plan shall be provided to all property owners and tenants.
WQ Facility Submittal Packet Page 6 DRAFT I.DSP May 2012
Access to the Swale shall be safe and efficient. Egress and ingress routes shall be maintained to design standards.
Roadways shall be maintained to accommodate size and weight of vehicles, if applicable.
• Obstacles preventing maintenance personnel and/or equipment access to the Swale shall be removed.
• Gravel or ground cover shall be added if erosion occurs, e.g., due to vehicular or pedestrian traffic.
Insects& Rodents shall not be harbored in the swale. Pest control measures shall be taken when insects/rodents
are found to be present.
• If a complaint is received or an inspection reveals that a stornnvater facility is significantly infested with
mosquitoes or other vectors, the property owner/owners or their designee may be required to eliminate
the infestation at the City inspector's discretion. Control of the infestation shall be attempted by using
first non-chemical methods and secondly, only those chemical methods specifically approved by the
City's inspector. Acceptable methods include but are not limited to the following:
i. Installation of predacious bird or bat nesting boxes.
ii. Alterations of pond water levels approximately every four days in order to disrupt mosquito larval
development cycles.
iii. Stocking ponds and other permanent water facilities with fish or other predatory species.
iv. If non-chemical methods have proved unsuccessful, contact the City inspector prior to use of
chemical methods such as the mosquito larvicides Bacillus thurengensis var. israeliensis or other
approved larvacides. These materials may only be used with City inspector approval if evidence
can be provided that these materials will not migrate off-site or enter the public stormwater
system. Chemical larvicides shall be applied by a licensed individual or contractor.
• Holes in the ground located in and around the swale shall be filled.
If used at this site, the following will be applicable:
Check Dams, flow spreaders and dissipaters shall control and distribute flow.
• Causes for altered water flow or short circuits shall be identified, and obstructions cleared upon
discovery.
• Causes for channelization shall be identified and repaired.
• -Systems shall remain free of sediment build up and debris.
Date Rs�^+ved:j l
Planner: LM
WQ Facility Submittal Packet Page 7 DRAFT EDSP May 2012