City of Amery, WI Maintenance of Stormwater Best Management Practices

The maintenance agreement shall, at a minimum, contain the following information and provisions:

Ownership. Identification of the owner(s) of the land parcel(s) where the stormwater BMP(s) is located. Ownership shall be the same as those assigned maintenance responsibilities under Subsection F below, unless otherwise designated in a regional stormwater management plan and approved by the applicable unit(s) of government. For subdivisions, all stormwater BMPs shall be located on outlots. For all privately owned outlots, ownership shall be by proportional undividable interest for all properties that are within the control of the applicant and drain to the BMP. However, the applicant may combine ownership of more than one BMP within the site.

Location. A legal description and survey map of the stormwater BMP location(s), showing associated drainage or access easements required to maintain the BMP.

Design. Detailed drawings of each stormwater BMP and a general description of its purpose and design, including but not limited to BMP dimensions and elevations, inlet and outlet designs and elevations and the drainage area served by the BMP. If possible, use as-built survey information.

Note: As-built information may not yet be available for new land divisions, depending on the timing of recording. In this case, use design information. See § 367-39C below for details on recording procedures.

Maintenance plan. A description of all maintenance activities that will be required for each BMP included in the agreement, and an estimated time interval between each activity.

Access. Authorization for vehicle access, including a minimum fifteen-foot-wide access easement dedicated to the City and connecting to a public road right-of-way, to allow for future BMP maintenance work. The access easement shall be of adequate soil conditions or surfacing to withstand loads produced by standard construction equipment, and shall not include any area where channelized flow of runoff occurs or where stormwater may pond to a depth greater than six inches during a 100-year, twenty-four-hour design storm.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Maintenance responsibility. Identification of the person(s), organization, municipality or other entity responsible for all maintenance of the stormwater BMP. The assignment of maintenance responsibilities for a privately owned stormwater BMP shall, at a minimum, include all properties that are within the control of the applicant and drain to the BMP. However, the applicant may combine the maintenance responsibilities of more than one BMP within the site.

Inspections. Authorization for access to the property by the Designated City Representative and its designees to conduct inspections of the BMP, monitor its performance and maintenance, and notify the designated entity when maintenance or repair activities are necessary. A statement shall also be included that says, upon written notification by the City or its designee, that the entity under Subsection F above shall, at its own cost and within a reasonable time period, have a BMP inspection conducted by a qualified professional, file a report and complete any maintenance or repair work recommended in the report.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Municipal maintenance. Authorization for the Designated City Representative or its designee to carry out any maintenance activities and associated inspections if the entity identified under Subsection F above does not perform the required activity within the specified time period in the notification or if the City does not accept the work conducted by the designated entity.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Special assessment. A statement that the City of Amery may exercise its statutory authority to levy and collect a special assessment or charge pursuant to Subchapter VII of Ch. 66, Wis. Stats., for any services carried out relating to Subsection G or H above.

Binding agreement. A statement confirming that the entire agreement shall remain binding on all subsequent owners of the property upon which the stormwater BMP is located and that the restrictions shall run with the land and on any other property which is subject to maintenance responsibility in the agreement.

Agreement modifications. Sole authorization of the City of Amery to modify the provisions of the agreement upon 30 days' notice to the current owner(s) and other parties responsible for maintenance of the stormwater BMP. Any changes made to the agreement shall maintain the minimum items listed in this section and ensure the long-term maintenance of the BMP.

Other. Other information as determined to be necessary by the Designated City Representative to ensure compliance with this chapter.

Note: Many of the above-noted activities may be carried out in accordance with an intergovernmental working agreement under § 66.0301, Wis. Stats.

Form. The Designated City Representative shall provide the applicant with sample maintenance agreement forms that comply with the requirements of this article.

Approval. The Designated City Representative shall review and approve the form and content of all maintenance agreements proposed under this chapter and ensure compliance with all provisions of this article. If the agreement does not comply, the Designated City Representative shall notify the applicant what changes are needed in order to comply, in accordance with the plan review procedures in § 367-12 above.

Recording. Upon certification of compliance with Subsections A and B above by the Designated City Representative, the maintenance agreement shall be recorded at the Polk County Register of Deeds referencing any plat, certified survey or other ownership transfer device pertaining to land which contains the subject stormwater BMP, or other practice subject to maintenance responsibility in the approved agreement. For new land divisions, the recording of the maintenance agreement shall occur simultaneously with the recording of the land division. However, no stormwater BMP maintenance agreement shall be recorded prior to Designated City Representative approval. The Designated City Representative may require that the City Administrator/Clerk-Treasurer or City Building Inspector record the agreement.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Copy. The permit holder shall provide a copy of the recorded agreement, including evidence of the actual recording(s), to the Designated City Representative as a condition of release of the financial assurance under § 367-15 above.