Chapter 14.24


14.24.010    Maintenance.

14.24.010 Maintenance.

A maintenance agreement shall be required between the city of Brookfield and the property owner applying for the permit. The agreement shall be recorded as a property deed restriction by the property owner with the county register of deeds in a form which shall be binding upon all subsequent owners of land covered by the agreement. If the city at any time finds that the stormwater management measures constructed in accordance with the system plan are not being properly maintained, or if altered in any way from the location, configuration and capacity of the measures specified in the approved plan, the city shall have the right to undertake the needed maintenance or repair. This right shall include the right to enter onto private property as necessary to carry out the needed maintenance. The cost of such maintenance shall be levied as a special assessment or special charge against the property concerned. The special charge or assessment shall be collectible in the same manner as all other special assessments levied by the city for the public improvements.

A.    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 stormwater BMP(s) is located. Ownership shall be the same as those assigned maintenance responsibilities under subsection (A)(6) below, unless otherwise designated in a regional stormwater management plan and approved by the applicable unit(s) of government. For subdivisions, 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;

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

3.    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.

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 fifteen (15) foot wide access easement dedicated to the city 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 stormwater may pond to a depth greater than six inches during a one hundred (100) year, twenty-four (24) hour design storm.

6.    Maintenance Responsibility. Identification of the person(s), organization, municipality 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;

7.    Inspections. Authorization for access to the property by representatives of the city 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 city, that the entity under subsection (A)(6) above 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;

8.    Municipal Maintenance. Authorization for the city to carry out any maintenance activities and associated inspections if the entity identified under subsection (A)(6) above does not perform the required activity within the specified time period in the notification or if the city does not accept the work conducted by the designated entity;

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

10.    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;

11.    Agreement Modifications. Sole authorization for the city under subsection (A)(9) above to modify the provisions of the agreement upon thirty (30) day notice to the current owner(s) and other parties responsible for maintenance of the stormwater 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;

12.    Other. Other information as determined to be necessary by the city to ensure compliance with the ordinance codified in this chapter.

B.    Agreement Form, Approval and Recording.

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

2.    Approval. The city shall review and approve the form and content of all maintenance agreements proposed under this section and ensure compliance with all provisions of this section. If the agreement does not comply, the city shall notify the applicant what changes are needed in order to comply.

3.    Recording. Upon certification of compliance with subsections (B)(1) and (2) above by the city, the maintenance agreement shall be recorded at the Waukesha 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 city approval. The city may require that the county zoning administrator or the city record the agreement.

4.    Copy. The permit holder shall provide a copy of the recorded agreement, including evidence of the actual recording(s), to the city as a condition of release of the financial assurance under Chapter 14.32 below.

C.    Maintenance Responsibilities Prior to a Maintenance Agreement. The permit holder and other responsible party shall be responsible for the maintenance of all stormwater BMPs prior to permit termination under NR 151 and Chapter 14.08 above. (Ord. 2112-07 § 7, 2007: Ord. 1749 § 1 (part), 2000)