§ 34-112. Maintenance of stormwater BMPs.

(a)

Maintenance agreement required. A maintenance agreement shall be required for all permanent storm water BMPs within the Village of Mukwonago. The maintenance agreement shall be independent of all other restrictions or covenants and shall comply with all provisions of this section. For sites where the existing drainage system meets the requirements of this division, the village shall require a maintenance agreement on pre-existing BMPs or internally drained areas to ensure the preservation and maintenance of the existing drainage system.

(b)

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

(1)

Ownership. Identification of the owner(s) of the land parcel(s) where the storm water BMP(s) is located. Ownership shall be the same as those assigned maintenance responsibilities under subsection (6) below, unless otherwise designated in a regional storm water management plan and approved by the applicable unit(s) of government. For new land divisions, plats and certified survey maps, all storm water 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;

(2)

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

(3)

Design. Detailed drawings of each storm water 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.

(4)

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;

(5)

Access. Authorization for vehicle access, including a minimum 15-foot wide access easement dedicated to the local municipality 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 storm water may pond to a depth greater than six inches during a 100-year, 24-hour design storm.

(6)

Annual inspections. The person(s), organization, municipality or other entity responsible for long-term maintenance of the storm water BMP shall perform annual inspections and maintain records of annual inspections and maintenance performed. Records shall be made available to the village upon request within 30 days of written notice. Annual inspections shall be performed as detailed in Exhibit C, Maintenance Plan, of the storm water maintenance agreement and shall be performed to determine if the facility is functioning within the design parameters.

(7)

Certification inspections. The person(s), organization, municipality or other entity responsible for long-term maintenance of the storm water BMP shall perform certification inspections at a minimum once every five years. The schedule of these inspections shall be established by the village and documented in the recorded storm water maintenance agreement. Certification inspections shall be performed by a professional engineer who shall then file a report with the village no later than December 31 of that year. If no recorded storm water maintenance agreement is on file, then the village will establish the schedule by written notice to the owner.

(8)

Village inspections. Authorization for access to the property by representatives of the Village of Mukwonago or their designee 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 village or their designee, that the entity under subsection (9) below shall, at their own cost and within a reasonable time period, complete any maintenance or repair work recommended in the report;

(9)

Maintenance responsibility. Identification of the person(s), organization, municipality or other entity responsible for long-term maintenance of the storm water BMP. The assignment of maintenance responsibilities for a privately-owned storm water 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. The owner shall complete maintenance or repair work as identified by routine, certification, and/or village inspections in a timely fashion or as indicated by written notification from the village. Owner shall be liable for the failure to undertake any maintenance or repairs.

(10)

Municipal maintenance. Authorization for the village or their designee to carry out any maintenance activities and associated inspections if the entity identified under subsection (6) above does 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;

(11)

Special assessment. A statement that the village may exercise their statutory authority to levy and collect a special assessment or charge pursuant to W.S.A., subch. VII of ch. 66, for any services carried out relating to subsection (7) or (8) above;

(12)

Binding agreement. A statement confirming that the entire agreement shall remain binding on all subsequent owners of the property upon which the storm water 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.

(13)

Agreement modifications. Sole authorization for the unit of government named under subsection (9) above to modify the provisions of the agreement upon 30-day notice to the current owner(s) and other parties responsible for maintenance of the storm water BMP. Any changes made to the agreement shall maintain the minimum items listed in this subsection and ensure the long term maintenance of the BMP;

(14)

Other. Other information as determined to be necessary by the village to ensure compliance with this section.

(c)

Agreement form, approval and recording.

(1)

Form. The engineer shall provide the applicant with sample maintenance agreement forms that comply with the requirements of this section.

(2)

Approval. The village shall review and approve the form and content of all maintenance agreements proposed under this division and ensure compliance with all provisions of this section. If the agreement does not comply, the village shall notify the applicant what changes are needed in order to comply, in accordance with the plan review procedures in section 34-107(f) above.

(3)

Initial recording. Upon certification of compliance with subsections (1) and (2) above by the village, and prior to the start of construction, the maintenance agreement excluding Exhibits E and F shall be signed by all parties and recorded by the village at the Waukesha or Walworth County Register of Deeds referencing any plat, certified survey or other ownership transfer device pertaining to land which contains the subject storm water 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 storm water BMP maintenance agreement shall be recorded prior to village approval.

(4)

Post construction asbuilt and certification recording. After construction, and prior to being granted occupancy, the applicant shall perform an asbuilt survey (Exhibit E) of the subject storm water BMP and provide an Engineering/Construction Verification (Exhibit F) that the subject storm water BMP has been constructed in accordance with all technical standards and the village's requirements. Upon certification of compliance with subsections (1) and (2) above by the village, said documents shall be recorded by the village at the Waukesha or Walworth County Register of Deeds.

(5)

Copy. The permit holder shall provide a copy of the recorded agreement, including evidence of the actual recording(s), to the village engineer as a condition of release of the financial assurance under section 34-108(c) above.

(d)

Maintenance responsibilities prior to a maintenance agreement. The permit holder and other responsible party shall be responsible for the maintenance of all storm water BMPs prior to permit termination under section 34-106(b).

(Ord. No. 816, § IV, 1-6-09; Ord. No. 914, §VIII, 5-17-16; Ord. No. 928, § VIII, 4-18-17)