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HomeMy WebLinkAbout2011-09-06 Planning Board Supplemental Materials (77) 1.1Bioretention Systems. With the approval of the Massachusetts Department of Environmental Protection and the Town of North Andover, bioretention systems shall be installed on Lots 16-1, 16-2, 16-3, 16-4, 16-5, 16-6, 16-7, 16-8 and 31. The purpose of this section of the Declaration is to notify future lot owners of these lots of the bioretention systems, and to establish the allowed uses and required maintenance of the bioretention basins. 1.1.1The Declarant hereby declares the following notice and perpetual obligations for the owners of Lots 16-1, 16-2, 16-3, 16-4, 16-5, 16-6, 16-7, 16-8 and 31: 1.1.2A bioretention system (also called a “rain garden”) is a type of stormwater filtration system designed to collect and filter moderate amounts of stormwater runoff using conditioned planting soil beds, gravel beds, and vegetation within shallow depressions. 1.1.3The location of the bioretention systems on each lot is shown on the subdivision engineering plans approved by and filed with the Town of North Andover, Massachusetts. Any Lot releasing any excess water shall be responsible for any downstream damage caused by excess stormwater released due to lack of maintaining the bioretention system. Design, construction and maintenance of downstream culverts, swales or other stormwater management systems to handle normal upstream releases shall be the responsibility of the Lot upon which the downstream stormwater management system is located. 1.1.4The proposed rain gardens are an integral part of the drainage design for the subdivision and should therefore not be filled or re-graded and should continue to be maintained by the respective homeowners. 1.1.5Lot owners are initially responsible for the maintenance of the bioretention systems. The Association is ultimately responsible for the maintenance of the bioretention systems if the Lot owners fail to maintain them. Maintenance shall be as follows: 1.1.5.1The systems shall be maintained with 2” to 3” of well aged shredded bark mulch, and may be planted with native, non-invasive plants that are specifically suited to surviving well in the occasionally wet by normally dry conditions of a rain garden. The systems shall not be compacted or grassed over. 1.1.5.2The systems should be inspected at least twice annually, and following any rainfall event exceeding 2.5 inches in a 24 hour period, with maintenance or rehabilitation conducted as warranted by such inspection. 1.1.5.3Pretreatment measures (if any) should be inspected at least twice annually, and cleaned of accumulated sediment as warranted by inspection, but not less than once annually. 1.1.5.4Trash and debris should be removed at each inspection. 1.1.5.5At least once annually, systems should be inspected for drawdown time. If the bioretention system does not drain within 48 hours following a rainfall event, then a qualified professional should assess the condition of the facility to determine measures required to restore filtration function or infiltration function (as applicable), including but not limited to removal of accumulated sediments or reconstruction of the filter media. 1.1.5.6Vegetation should be inspected at least annually, and maintained in healthy condition, including pruning, removal and replacement of dead or diseased vegetation, and removal of invasive species. 1.1.5 Lot owners and the Association shall maintain the bioretention systems in compliance with MA Department of Environmental Protection (MADEP). 1.1.6 The Association is obligated to enforce and the MADEP and the Town of North Andover are authorized to enforce compliance with this Declaration but in no case shall any of the entities be responsible for any costs. The Association, MADEP and the Town of North Andover may record enforcement orders in the registry of deeds that shall run with the land and be binding on subsequent lot owners. The Association shall have the right of access onto Lots 16-1, 16-2, 16-3, 16-4, 16-5, 16- 6, 16-7, 16-8 and 31 for the purpose of maintaining and repair of the bioretention systems. The lot owners shall be responsible for any and all costs of the maintenance, repair, and replacement of the bioretention systems. If the Lot owner fails to maintain the bioretention system and the Association expends funds repairing or maintaining the system, the Association shall issue a special assessment against the Lot for the cost of maintenance.