Chapter 6 Section 9

SECTION 6.09.  MAINTENANCE AGREEMENT.

(1)  MAINTENANCE AGREEMENT REQUIRED.  The Maintenance Agreement required for storm water management measures under 6.07(2) of this ordinance shall be an agreement between the Village and the permit holder.  The agreement shall be recorded as a property deed restriction by the permit holder with the County Register of Deeds, so that it is binding upon all subsequent owners of land served by the storm water management measures.

(2)  AGREEMENT PROVISIONS.  The Maintenance Agreement shall contain the following provisions.

[a]  The landowner shall maintain storm water management measures in accordance with the storm water practice maintenance provisions contained in the approved Storm Water Management Plan submitted under 6.07(2) of this ordinance and with the provisions of  E.(5)(a)4. Structural Control Maintenance of the Village’s NR 216 Permit.

[b]  The Village is authorized to access the property to conduct inspections of storm water measures as necessary to ascertain that the measures are being maintained and operated in accordance with the approved management plan.

[c]  The Village shall maintain public records of the results of the site inspections, shall inform the landowner responsible for maintenance of the inspection results, and shall specifically indicate any corrective actions required to bring the storm water management measure into proper working condition and a reasonable time frame during which the corrective action must be taken.

[d]  The permit holder authorizes the Village to perform the corrective actions identified in the inspection report if the landowner does not make the required corrections in the specified time period. The permit holder consents to the Village placing these associated costs incurred by the Village upon the tax roll as a special assessment against the property pursuant to Chapter 66, Wis. Stats., or to charge such costs against the performance bond posted for the project.

(3)  TERMINATION OF AGREEMENT.  The Maintenance Agreement shall be terminated at such time that responsibility for maintenance of the storm water management measure is legally transferred to the Village of River Hills or agency acceptable to the Village of River Hills, through a written, binding agreement.  The termination date of the Maintenance Agreement required under 6.09(1) shall be the date upon which the legal transfer of maintenance responsibility to the Village of River Hills or acceptable agency is made effective.

Phone: (414) 352-8213
River Hills, WI 53217
7650 N. Pheasant Lane