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Chapter 153 Water Resource Management Adopted 6/28/2022 Page 22 of 34 hour or 100-year, 10-day high water elevations. Emergency overflows are required for all ponds and basins. (a)Low opening of new and existing structures must have a minimum of 2 feet of separation from local high water level. (b)Low floor of new and existing structures must have a minimum of 1 foot of vertical separation from local high water level. (c)In rare cases where an emergency overflow (overland or pipe) is not feasible, the low opening vertical separation is increased to 3 feet. (2)The requirements described above can be waived for non-habitable structures if an LGU allows for less vertical separation from high water elevations based on flood-proofing standards included in a building code. (3)If side or rear yard overflow swales are constructed, the cities should document through the building permitting and inspection process that high water levels for side or rear yard overflow swales are below the low openings of structures. Requirements for Maintenance and Access. (1)Maintenance of stormwater facilities. All stormwater management structures and facilities must be designed to allow access for maintenance and must be properly maintained in perpetuity to ensure that they continue to function according to the approved design. (2)Maintenance Agreement. No stormwater plan may be approved unless a maintenance agreement is provided that defines maintenance responsibilities following completion of the project, specifies types and frequency of inspection and maintenance activities, and specifies who will conduct inspections and maintenance activities. A sample agreement and list of inspection/maintenance activities are included in the Carver County Water Resource Management Ordinance and BMP Guidelines. (a)Prior to project close out return of the financial security, an agreement shall be in place regarding maintenance responsibilities. (b)Maintenance responsibilities must be assumed by either the local government unit (LGU) or by the responsible party. If the LGU is assuming maintenance responsibilities, written acknowledgement and acceptance is needed from the LGU. (c)If the Local Government Unit (LGU) is assuming maintenance responsibilities, a single Memorandum of Agreement for each LGU may be used to cover all stormwater management structures and facilities required by this ordinance within the LGU’s jurisdiction. (d)The agreement must be executed and recorded in a format acceptable to the county. The recordable executed agreement must be submitted to the county prior to release of financial security for the project. (3)Drainage and utility easement. A drainage and utility easement is required in the following situations: (a)When a stormwater management BMP must be placed on private property.