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Municipal Code

Chapter 25. Construction Site Erosion Control

Sec. 25-30. Maintenance Agreement
  (1) MAINTENANCE AGREEMENT REQUIRED. The maintenance agreement required under section 25-28(2) for BMPs shall be an agreement between the City of Marshfield and the responsible party to provide for maintenance of BMPs 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 BMPs.

(2) AGREEMENT PROVISIONS.  The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by section 25-29(1)(f):

(a) Identification of the storm water facilities and designation of the drainage area served by the facilities.

(b) A schedule for regular maintenance of each aspect of the storm water management system consistent with the storm water management plan required under section 25-28(2).

(c) Identification of the party(s) responsible for long term maintenance of the BMPs identified in the storm water management plan required under section 25-28(2).

(d) Requirement that the responsible party(s) shall maintain BMPs in accordance with the schedule included in subsection (b) above.

(e) Authorization for the Director of Public Works or his designee to access the property to conduct inspections of BMPs as necessary to ascertain that the practices are being maintained and operated in accordance with the agreement.

(f) A requirement on the Director of Public Works or his designee 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 BMP into proper working condition.

(g) Agreement that the party designated under subsection (c) above, as responsible for long term maintenance of the BMPs, shall be notified by the Director of Public Works or his designee of maintenance problems which require correction.  The specified corrective actions shall be undertaken within a reasonable time frame as set by the Director of Public Works or his designee.

(h) Authorization of the Director of Public Works or his designee to perform the corrected actions identified in the inspection report if the responsible party designated under subsection (c) above does not make the required corrections in the specified time period.  The Director of Public Works or his designee shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to subsection. VII of ch. 66, Wis. Stats.