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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 Section 17.10-2(f), unless otherwise designated in a regional stormwater management plan and approved by the applicable unit(s) of government. All stormwater BMPs that collect runoff from more than one lot 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;

(d) Maintenance plan. A description of all long term maintenance activities that will likely 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 15-foot wide access easement granted to the County and/or Town in which the property is located, 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 (6) inches during a 100-year, 24-hour design storm. The access route shall be designed in such a manner that allows standard construction equipment to easily drive on;

(f) Maintenance responsibility. Identification of the person(s), organization, or other entity responsible for long-term 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. A special assessment in accordance with the Wisconsin State Statutes Section 66.0703 may be charged to the owner(s) to cover the cost of maintenance of the BMP if necessary to comply with the provisions of the maintenance agreement;

(g) Inspections. Authorization for access to the property by representatives of the local municipality or their designee and Kenosha County 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 local municipality or their designee, that the entity under Section 17.10-2(f) shall, at their 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;

(h) Municipal maintenance. Authorization for the local municipality or their designee to carry out any maintenance activities and associated inspections if the entity identified under Section 17.10-2(f) not perform the required activity within the specified time period in the notification or if the local municipality does not accept the work conducted by the designated entity;

(i) 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.

(j) Cost Estimates. An annual cost estimate for the maintenance of all post-construction BMP’s. The applicant may use average costs for BMP installations in the county rather than specific estimates, when available, and upon approval by P&D;

(k) Other. Other information as determined to be necessary by P&D to ensure compliance with this ordinance. [Code § 17.10-2.]