28.090 Maintenance Agreement.

(1) Maintenance Agreement Required. A maintenance agreement between the City and the applicant shall be required for stormwater management practices under MMC 28.070(2). The agreement shall be recorded as a property deed restriction at the Manitowoc County Register of Deeds, and shall be deemed to be a covenant running with the land, and shall further be binding upon all subsequent owners, lessees, licensees and the like of the land served by the stormwater management agreement and practices. The cost and responsibility for such recording shall be borne by the applicant.

(2) Agreement Provisions. The maintenance agreement shall contain, at a minimum, the following:

(a) The applicant permit holder shall maintain stormwater management practices in accordance with the stormwater practice maintenance provisions contained in the approved stormwater management plan submitted under MMC 28.070.

(b) Legal description of the property for which the agreement applies.

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

(d) The detention basin(s)/pond(s) shall be inspected in compliance with the inspection report form supplied by the City. A copy of the report form not limited to photographs or diagrams of the deficiency and corrections with the certification shall be provided to the City Engineer for review and approval. Specific areas shall include, but are not limited to:

1. Sediment accumulation.

2. Vegetative cover.

3. Invasive species.

4. Erosion.

5. Pond containment berms are stable and free of animal burrows.

6. Inlet pipes.

7. Outlet structures.

(e) Inspections shall be completed in April and September of every year and after each rainfall event of greater than two inches within any 24-hour period. Reports are to be submitted to the City of Manitowoc prior to October 1st of each year.

(f) The City Engineer has the authority to stop work, amend, or alter any construction or reconstruction of the stormwater management facilities.

(g) The application of EPA/State-registered chemicals to detention basins/ponds is regulated by the Wisconsin Department of Natural Resources. With few exceptions, a permit must be filed with and approved by the Wisconsin Department of Natural Resources prior to chemical treatment.

(h) The Director of Public Works is authorized to access the property to conduct inspection of stormwater practices, as necessary, to ascertain that the practices are being maintained and operated in accordance with an approved stormwater management plan.

(i) The Director of Public Works shall maintain as public records the results of all site inspections, and shall inform the applicant permit holder, or operator responsible for maintenance of the inspection results, of any corrective actions required to bring a stormwater management practice into proper working condition, and a reasonable time frame during which the corrective actions must be taken.

(j) Authorization for the Director of Public Works to perform the corrected actions identified in any inspection report if the applicant permit holder does not make the required corrections in the specified time period. The City may assess the applicant permit holder for the cost of such work, and may place a lien against the property, which may be collected as are taxes by the City.

(3) Termination of Agreement. A maintenance agreement shall be automatically terminated by the City at such date that responsibility for maintenance of a stormwater management practice is legally transferred to the City (or an agency acceptable to the City). The termination date of the maintenance agreement required under subsection (1) of this section shall be the date upon which the legal transfer of maintenance responsibility is made effective.

[Ord. 08-522 §§ 23 – 25, 2008; Ord. 06-064 § 5, 2006. Prior code § 28.09]