A maintenance agreement shall be required for all permanent
stormwater BMPs installed to comply with the requirements of this
chapter. The maintenance agreement shall be independent of all other
restrictions or covenants and shall comply with all provisions of
this article.
The maintenance agreement shall, at a minimum, contain the following
information and provisions:
A. 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.
B. Location. A legal description and survey map of the stormwater BMP
location(s), showing associated drainage or access easements required
to maintain the BMP.
C. 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.
D. 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.
E. 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)]
F. 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.
G. 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)]
H. 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)]
I. 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.
J. 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.
K. 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.
L. 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.
The permit holder and other responsible party shall be responsible for the maintenance of all stormwater BMPs prior to permit termination under §
367-14.