(a) Form. The applicant shall provide a legal maintenance agreement that complies with the requirements of this section. At the request of the applicant, P&D shall provide a sample maintenance agreement for reference.

(b) Approval. P&D as well as the appropriate Town Engineer shall review and approve the form and content of all maintenance agreements proposed under this ordinance and ensure compliance with all provisions of this section. If the agreement does not comply with this ordinance, the applicant shall be notified of what changes are needed in order to comply, in accordance with the plan review procedures in Section 17.07-3(d).

(c) Recording. Upon conformance with Sections 17.10-1 and 17.10-2 by P&D, the maintenance agreement shall be recorded at the Kenosha County Register of Deeds referencing any plat, certified survey or other ownership transfer device pertaining to land which contains the subject stormwater BMP or is 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 P&D and Town approval. P&D may require that the Director of Planning and Development or his/her designee record the agreement.

(d) Copy. The permit holder shall provide a copy of the recorded agreement, including evidence of the actual recording(s), to P&D as well as to the appropriate Town Clerk as a condition of release of the financial assurance under Section 17.08-3. [Code § 17.10-3.]