Requirements of this chapter concerning stormwater management
easements and maintenance agreements shall apply to persons required
to submit a drainage plan to the Village Planning Commission for review
and approval.
A.
Necessity of easements. Stormwater management easements shall be
provided in a form required by the applicable approving body of the
Village and the Village Attorney, and recorded to ensure:
B.
Easements for off-site stormwater best management practices. The
proprietor shall obtain easements assuring access to all areas used
for off-site stormwater management, including undeveloped or undisturbed
lands.
C.
Recording of easements. Easements shall be recorded with the County
Register of Deeds according to county requirements.
D.
Recording prior to building permit issuance. The applicant must provide
the Village Clerk/Treasurer with evidence of the recording of the
easement prior to final subdivision plat or condominium approval or
other applicable final construction approval.
A.
Purpose of maintenance agreement. The purpose of the maintenance
agreement is to provide the means and assurance that maintenance of
stormwater best management practices shall be undertaken and continued
periodically.
B.
Maintenance agreement required.
(1)
A maintenance agreement shall be submitted to the Village, for review
by the Zoning Administrator and the Village Attorney, or his or her
designee, for all development requiring Planning Commission review,
and shall be subject to approval in accordance with the stormwater
permit. A formal maintenance plan shall be included in the maintenance
agreement;
(2)
Maintenance agreements shall be approved by the Village Planning
Commission prior to final subdivision plat or condominium approval,
as applicable, and prior to construction approval in other cases.
C.
Maintenance agreement provisions.
(1)
The maintenance agreement shall include a plan for routine, emergency,
and long-term maintenance of all stormwater best management practices;
(2)
The maintenance agreement shall be binding on all subsequent owners
of land served by the stormwater best management practices and shall
be recorded in the office of the County Register of Deeds prior to
the effectiveness of the approval of the Village Planning Commission;
(3)
If it has been found by the Village Zoning Administrator, following
notice and an opportunity to be heard by the property owner, that
there has been a material failure or refusal to undertake maintenance
as required under this chapter and/or as required in the approved
maintenance agreement as required hereunder, the Village shall then
be authorized, but not required, to hire an entity with qualifications
and experience in the subject matter to undertake the monitoring and
maintenance as so required, in which event the property owner shall
be obligated to advance or reimburse payment (as determined by the
Village) for all costs and expenses associated with such monitoring
and maintenance, together with a reasonable administrative fee. The
maintenance agreement required under this chapter shall contain a
provision spelling out this requirement and, if the applicant objects
in any respect to such provision or the underlying rights and obligations,
such objection shall be resolved prior to the commencement of construction
of the proposed development on the site.
