CCR2022.030-SWMA (Madyson Court)Madyson Court Development
Storm Water Management Practice
Document Number Maintenance Agreement
BRYON HRIN, as "Owner" of the property described below, in accordance with
Chapter 13 MMSD and the City of Muskego Code of Ordinances agrees to install and
maintain storm water management practice(s) on the subject property in accordance
with approved plans and Storm Water Management Plan conditions. The owner
further agrees to the terms stated in this document to ensure that the storm water
management practice(s) continues serving the intended functions in perpetuity. This
Agreement includes the following exhibits:
Exhibit A: Legal Description of the real estate for which this Agreement applies
("Property").
Exhibit B: Location Man(s) — shows an accurate location of each storm water
management practice affected by this Agreement.
Exhibit C: Maintenance Plan — prescribes those activities that must be carried
out to maintain compliance with this Agreement.
Name and Return Address
City of Muskego
Community Development Department
W182 S8200 Racine Avenue
Muskego, WI 53150-0749
Through this Agreement, the Owner hereby subjects the Property to the following
covenants, conditions and restrictions:
Tax Key No. MSKC2280999014
1. The Owner shall be responsible for the routine and extraordinary Parcel Identification Number(s) — (PIN)
maintenance and repair of the storm water management practice(s)
identified in Exhibit B.
2. The Owner shall be solely responsible for maintenance and repair of the storm water management practices and
drainage easements in accordance with the maintenance plan contained in Exhibit C.
3. Upon written notification by City of Muskego or their designee, the Owner shall, at their own cost and within a
reasonable time period determined by the City of Muskego, have an inspection of the storm water management
practice conducted by a qualified professional, file the professional's inspection report with the City of Muskego
which shall be subject to the City's approval and complete any maintenance or repair work recommended in the
report. The Owner shall be liable for the failure to undertake any maintenance or repairs.
4. In addition, and independent from the requirements of paragraph 3, above, the City, or its designee, is authorized to
access the Property as necessary to conduct inspections of the storm water management practices or drainage
easement to ascertain compliance with the intent of this Agreement and the activities described in Exhibit C and any
applicable addenda that are subsequently recorded regarding this Agreement. The City may require work to be done
which differs from the report described in paragraph 3, if the City reasonably concludes that such work is necessary
or appropriate.
5. Upon notification by the City of Muskego of required maintenance or repairs, the Owner shall complete the
specified maintenance or repairs within a reasonable time frame determined by the City of Muskego.
6. If the Owner does not complete an inspection under 3. above or required maintenance or repairs under 4. or 5. above
within the specified time period, the City of Muskego is authorized, but not required, to perform the specified
inspections, maintenance or repairs. In the case of an emergency situation, as determined by the City of Muskego,
no notice shall be required prior to the City of Muskego performing emergency maintenance or repairs. The City of
Muskego may levy the costs and expenses of such inspections, maintenance or repair related actions as a special
charge against the Property and collected as such in accordance with the procedures under s. 66.0627 Wis. Stats. or
subch. VII of ch. 66 Wis. Stats.
7. No changes or amendments to this Storm Water Management Practice Maintenance Agreement may be made
without the written approval of the City of Muskego. The City of Muskego has the unilateral authority to update
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this Agreement based upon any physical modifications to the storm water management practices and drainage
easements described herein, by recording an updated Exhibit B and/or an updated Exhibit C in the office of the
Waukesha County Register of Deeds, and giving notice thereof to the Owner.
8. This Agreement shall run with the Property and be binding upon all heirs, successors and assigns. Such heirs,
successors and assigns shall be the "Owner" as used herein.
Owner:
By: BRYON HRIN
STATE OF WISCONSIN )
) ss.
WAUKESHA COUNTY )
Personally came before me this day of , the above named
, to me known to be the person who executed the foregoing instrument and
acknowledged the same.
Notary Public, State of Wisconsin
My Commission expires
City of Muskego:
Mayor Richard Petfalski, Jr.
STATE OF WISCONSIN )
) ss.
WAUKESHA COUNTY )
Personally came before me this day of , the above named Richard
Petfalski, Jr., to me known to be the person who executed the foregoing instrument and acknowledged the same.
This document was drafted by:
Attorney Jeffrey J. Warchol, City Attorney
City of Muskego
W182 S8200 Racine Avenue
Muskego, WI 53150
Notary Public, State of Wisconsin
My Commission
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Exhibit A — Legal Description
Certified Survey Map No. Being a part of the NE T/4 of the SE '/a of Section 30, T5N,
R20E, in the City of Muskego, Waukesha County, Wisconsin.
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Exhibit B — Location Maps Showing
the Location of Each Storm Water Management Practice
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Exhibit C
Minimum Storm Water Practice Maintenance Requirements
This exhibit explains the basic function of each of the storm water practices listed in Exhibit B and prescribes the
minimum maintenance requirements to remain compliant with this Plan. The maintenance activities listed below are
aimed to ensure these practices continue serving their intended functions in perpetuity. The list of activities is not all-
inclusive, but rather indicates the minimum type of maintenance that can be expected for this particular site.
WET DETENTION BASINS
System Description:
The wet detention basins (2) are designed to remove at least 80% of the Total Suspended Solids (TSS) in the site runoff
and to reduce pre -development downstream peak flows. To function correctly, the pond size, water level, outlet
structures and contributing storm sewers & swales must be maintained as specified in this Plan.
Minimum Maintenance Requirements:
To ensure the proper function of the storm water management practices described above, the following activities must
be completed:
1. All swales, storm sewers, the pond outlet structure and pond side slopes must be checked monthly to ensure
there is no erosion or blockage from floating debris or ice, especially the washed stone in front of the orifices,
the outlet structure and overflow weir. Any erosion or blockage shall be repaired immediately. The washed
stone must be replaced when it becomes clogged. Any heavy duty synthetic turf reinforcement Class 3, Type
D matting that becomes uninstalled needs to be reinstalled immediately.
2. NO trees are to be planted or allowed to grow on the earthen berms in the pond. Tree root systems can reduce
soil compaction and cause berm failure. The berms must be inspected annually and any woody vegetation
removed.
3. If floating algae or weed growth becomes a nuisance (decay odors, etc.), it must be removed from the basin
and deposited where it cannot drain back into the basin. Removal of the vegetation from the water reduces re-
growth the following season (by harvesting the nutrients). Wetland vegetation must be maintained along the
water's edge for safety and pollutant removal purposes.
4. The water depth in the wet detention basins is to be inspected every five (5) years to determine the average
depth of water throughout the detention basins. The sediment removal is required once the average depth of
the permanent pool is 3.5 ft. Pond clay liner shall be protected during removal of sediments. All removed
sediment must be placed in an appropriate upland disposal site (on or off site) and stabilized (grass cover) to
prevent sediment from washing back into the basin, and located in a way that does not cause blockage of
overland flow paths.
5. No grading or filling of the basin or berms other than for sediment removal is allowed, unless otherwise
approved by the City of Muskego.
6. Mowing adjacent to basin should be minimized. If mowing is deemed necessary, the mowing heights should
be no shorter than six (6) inches. Restricting any mowing to late summer or autumn will minimize mortality
to ground nesting birds. To discourage the presence of nuisance waterfowl (i.e. Canada Geese), a minimum
30-foot wide no -mow fringe shall be maintained around the basins, where possible.
7. After Vegetation is 70% established, the use of herbicides/pesticides is to be discontinued along the swales &
basins.
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