§ 151.035  MAINTENANCE RESPONSIBILITY.
   A plan for long-term maintenance and the responsibility for maintaining the stormwater management system shall be submitted and approved by the Administrator prior to final approval.
   (A)   Maintenance of stormwater management facilities located on private property shall be the responsibility of the property owner or homeowners’ association (if applicable).
   (B)   Prior to issuance of a site development permit or building permit, or prior to execution of a final plat by the village, the applicant shall execute a maintenance agreement with the village guaranteeing that the applicant and all future owners of the property will maintain the property’s stormwater management system.
   (C)   The maintenance agreement shall specifically authorize representatives or subcontractors of the village to enter onto the property for the purpose of inspections and maintenance of the stormwater management system.
   (D)   The maintenance agreement shall stipulate that if the village notifies the property owner in writing of maintenance deficiencies that require correction, the property owner shall make the correction within 30 calendar days of that notification, after which time the village may have the necessary work completed and assess the cost to the property owner.
   (E)   If a property owners’ association is to be established, the developer of the project shall be responsible for its establishment and for informing the individual property owners of their responsibilities.
   (F)   All stormwater management facilities shall be located and described with a deed or plat restriction. Deed or plat restrictions shall run with the land and reference the maintenance agreement.
(Ord. 07-02, passed 4-16-2007)