(a) Maintenance agreement. A written inspection and maintenance agreement in a form acceptable to the county attorney and executed by the applicant and the owner of the BMP, if different than the applicant, shall be provided prior to receiving a stormwater permit. The agreement shall:
(1) Bind the parties thereto and all subsequent owners, successors, and assigns to maintenance and inspection of the system or structure.
(2) State that if the county directs the correction, repair, replacement, or maintenance of the system or structure in writing and the actions are not satisfactorily performed within a reasonable time (but not greater than 120 days), the county (or its contractors) may, after reasonable notice, enter the land and perform all the necessary work and may assess the owner of the facility with the cost of the work performed or the county can seize all or part of the escrow or other fund set aside by the applicant for perpetual maintenance. The owner served by the facility shall be jointly responsible to the county for the maintenance of the facility and liable for any costs incurred by the county pursuant to the agreement. All properties are jointly subject to the imposition of the liens for such costs.
(3) The inspection and maintenance agreement shall be recorded in the register of deeds at the expense of the applicant.
(b) Easements. Easements for stormwater BMPs shall include the area of the BMP, area of ponded water, and enough area for access and maintenance. The easement shall be recorded in the register of deeds at the expense of the applicant and shall be depicted on the final plat or recorded map.
(Ord. of 7-10-2000, § 9.6; Ord. of 1-2-2001, § 9.8)