§ 27-110. Maintenance agreement.

(1)

Maintenance agreement required. The maintenance agreement required under section 27-108(2) for stormwater management practices shall be an agreement between the [name of municipality] and the responsible party to provide for maintenance of stormwater practices beyond the duration period of this permit. The maintenance agreement shall be filed with the County Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices.

(2)

Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the plan required by section 27-108(2):

(a)

Identification of the stormwater facilities and designation of the drainage area served by the facilities.

(b)

A schedule for regular inspection and maintenance of each aspect of the stormwater management system consistent with the stormwater management plan required under section 27-108(2).

(c)

Identification of the responsible party(s), organization or city, county, town or village responsible for long term maintenance of the stormwater management practices identified in the stormwater management plan required under section 27-108(2).

(d)

Requirement that the responsible party(s), organization, or city, county, town or village shall maintain stormwater management practices in accordance with the schedule included in section 27-110(2)(b).

(e)

Authorization for the administering authority to access the property to conduct inspections of stormwater management practices as necessary to ascertain that the practices are being maintained and operated in accordance with the agreement.

(f)

A requirement on the Fond du Lac County Land and Water Conservation Department to maintain public records of the results of the site inspections, to inform the responsible party responsible for maintenance of the inspection results, and to specifically indicate any corrective actions required to bring the stormwater management practice into proper working condition.

(g)

Agreement that the party designated under section 27-110(2)(c), as responsible for long term maintenance of the stormwater management practices, shall be notified by the Fond du Lac County Land and Water Conservation Department of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the Fond du Lac County Land and Water Conservation Department.

(h)

Authorization of the Fond du Lac County Land and Water Conservation Department to perform the corrected actions identified in the inspection report if the responsible party designated under section 27-110(2)(c) does not make the required corrections in the specified time period. The Fond du Lac County Land and Water Conservation Department shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Wis. Stats. ch. 66, subch. VII.

(3)

Alternate requirements. The Fond du Lac County Land and Water Conservation Department may prescribe alternative requirements for applicants seeking an exemption to on-site stormwater management performance standards under section 27-107(5) or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.

( Res. of 4-26-16 , Att.)