(A) General maintenance responsibility. Unless maintenance responsibility has been delegated to and accepted by another person under this section, the owner shall maintain that portion of the stormwater drainage system, including any special management areas, located upon his or her land. With the approval of the Village Engineer, the stormwater drainage system and special management areas, or specified portions thereof, may be:
(1) Dedicated or otherwise transferred to and accepted by the permitting authority or other public entity;
(2) Conveyed or otherwise transferred to and accepted by a homeowners’ association, or similar entity, the members of which are to be the owners of all the lots or parcels comprising the development; or
(3) Conveyed to one or more persons or in one or more undivided interests to one or more persons.
(B) Transfer to permitting authority or other public entity. If any portion of the stormwater drainage system or special management areas are to be dedicated or otherwise transferred to the permitting authority or other public entity under division (A) above, appropriate easements for ingress and egress to and maintenance of such portions shall be reserved for the benefit of such entity on the final plat.
(C) Transfer to homeowners association or similar association. If any portion of the stormwater drainage system or special management areas are to be conveyed or otherwise transferred to a homeowners’ association or similar association under division (A) above, then:
(1) Appropriate easements for ingress and egress to and maintenance of such portions shall be reserved for the benefit of such association and the permitting authority on the final plat;
(2) The association shall be duly incorporated and a copy of the certificate of incorporation, duly recorded, and by laws, and any amendment to either of them, shall be delivered to the Village Engineer;
(3) The bylaws of the association shall, at a minimum, contain:
(a) A provision acknowledging and accepting the association’s obligation to maintain those portions of the stormwater drainage system and special management areas conveyed or otherwise transferred to it under this chapter;
(b) A mechanism for imposing an assessment upon the owners of all of the lots or parcels comprising the development sufficient, at a minimum, to provide for the maintenance of those portions of the stormwater drainage system and special management areas conveyed or otherwise transferred to it under this chapter; and the payment of all taxed levied thereon;
(c) A provision adopting the plan of long-term maintenance set forth in the application for a stormwater management permit, with approved amendments;
(d) A provision identifying the officer of the association responsible for carrying out the obligations imposed upon the association under this chapter;
(e) A provision requiring the consent of the permitting authority to any amendment of the bylaws changing any of the provisions of the bylaws required by this chapter; and
(f) A provision requiring the consent of the permitting authority to the dissolution of the association.
(4) Any conveyance or other instrument of transfer delivered under division (A)(2) above shall include a covenant affirmatively imposing upon the association the obligations set forth in this section and the association’s affirmative acceptance thereof.
(D) Conveyance to one or more persons. If any portion of the stormwater drainage system or special management areas are to be conveyed to one or more persons under division (A)(3) above, then:
(1) Appropriate easements for ingress and egress to and maintenance of such portions shall be reserved for the benefit of the permitting authority on the final plat;
(2) The final plat shall contain a legend imposing the maintenance obligations of this section upon the grantee and his or her successors in interest as a covenant running with the land and incorporating by reference the plan of long-term maintenance set forth in the application for a stormwater management permit, with approved amendments;
(3) The final plat shall contain a legend reserving the right of the permitting authority to enter the land to perform the maintenance required in this section if the owner does not do so and to place a lien against the land for the cost thereof; and
(4) Any conveyance delivered under division (A)(3) above and any subsequent conveyance, shall include a covenant affirmatively imposing upon the grantee the obligations, restrictions and provisions set forth in this section and the grantee’s affirmative acceptance thereof.
(E) Maintenance agreement.
(1) Maintenance of stormwater facilities located on private property shall be the responsibility of the owner of that property. Before any security is released according to § 153.09
, the applicant shall execute a maintenance agreement with the village in accordance with the following provisions.
(a) The maintenance agreement shall guarantee that the applicant and all future owners of the property will maintain its stormwater facilities, which include, but are not limited to, site runoff storage facilities (detention/retention areas) and their inlet/outlet or orifice control structures, best management practices, sediment/erosion control systems, special management areas, wetland retention area plantings, and drainage systems and/or structures which are not to be dedicated or maintained by the village.
(b) The maintenance agreement shall also specifically authorize representatives of the village to enter onto the property for the purpose of inspections and maintenance of the stormwater facilities, sediment control system and special management areas.
(c) The maintenance agreement shall be recorded with the County Recorder.
(d) 1. The maintenance agreement shall include a schedule for regular maintenance of each aspect of the property’s stormwater facilities, which includes, but is not limited to, site runoff storage facilities (detention/retention areas) and their inlet/outlet or orifice control structures, best management practices and facilities, sediment/erosion control systems, special management areas, wetland retention area plantings and drainage systems and/or structures which are not to be dedicated or maintained by the village.
2. In addition, the agreement shall provide for access to the system for inspection by authorized personnel of the village or its representatives.
(e) The maintenance agreement shall stipulate that if the village notifies the property owner in writing of maintenance problems which require correction, the property owner shall make such corrections within 30 calendar days of such notification. If the corrections are not made within this time period, the village will have the necessary work completed and assess the cost to the property owner.
(f) The village has the option of requiring a bond to be filed by the property owner for maintenance of the stormwater facilities, which include, but are not limited to, site runoff storage facilities (detention/retention areas) and their inlet/outlet or orifice control structures, best management practice facilities, sediment/erosion control systems, special management areas, wetland retention area plantings and drainage systems and/or structures which are not to be dedicated or maintained by the village.
(g) 1. Since the volume of the storage facilities must be maintained in order to be an effective tool in regulating stormwater runoff quantity, upon written request by the village, the applicant shall be responsible for verifying that the volume of any pond meets the permitted volume.
2. Storage facility volume verification shall be performed, signed and sealed by a professional land surveyor or professional engineer. The village has the right to request storage volume verification at any time after the construction is complete.
(2) (a) Maintenance of stormwater facilities located on public property, or upon easements dedicated to a public authority, shall be the responsibility of the owner of that public property or public agency to whom the easement is dedicated.
(b) Before any security is released, the applicant shall deposit an amount equal to 100% of an approved professional engineer’s estimate of probable cost to complete the construction of the stormwater facilities, site runoff storage facilities, sediment control system, or special management areas that lie within the public property or dedicated easement, into an escrow account administered by the village to be utilized by that public property owner or public agency for the future maintenance of the stormwater facilities, site runoff storage facilities, sediment control system or special management areas.
(Prior Code, § 4-4-6) (Ord. 2015-17, passed 8-3-2015)