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Waukesha Board approves multiple developer and stormwater maintenance agreements; discusses private lift station oversight
Summary
The Waukesha Board of Public Works on May 22 approved a series of developer agreements and stormwater maintenance agreements for four private developments — including Winterberry and Rolling Meadows — and discussed responsibilities and notification for a private lift station required for one subdivision.
The Board of Public Works for Waukesha City on May 22, 2025 approved several developer and stormwater maintenance agreements tied to private subdivisions, and discussed operational oversight for a private sanitary lift station that will serve a Rolling Meadows development.
The approvals formalize responsibilities for installing and maintaining private public‑infrastructure components — stormwater facilities, public right‑of‑way connections and utility tie‑ins — and record financial guarantees and timelines for the developers involved.
Board members approved stormwater maintenance and developer agreements for four projects: the BLD KDV LLC site between Center Road and Corporate Drive; the Winterberry subdivision (VH Winterberry Reserve LLC) north of Summit Avenue; the Rolling Meadows subdivision (Rolling Meadows LLC) south of Tanglewood Drive; and the Old Farm subdivision (Balinski Homes) north of Madison Street. The agreements require the private property owners or homeowners associations to maintain on‑site stormwater practices and establish city remedies if maintenance fails.
On the KDB/BLD KDV LLC agenda item, staff described the stormwater maintenance agreement as a standard requirement to ensure private stormwater facilities are maintained after development. The board voted to approve that agreement.
For the Winterberry subdivision, staff presented the developer's agreement that documents construction standards, timelines and financial guarantees, and staff said the project previously received plan commission and common council approvals. Ben Lang, identified as a representative of Veridian Homes (the development contractor on the Winterberry phase), told the board, “there will be a homeowners association,” and said Veridian would complete the phase‑1 obligations and warranties under the developer's agreement before HOA responsibilities take effect. The board approved both the Winterberry developer's agreement and the related stormwater maintenance agreement.
Rolling Meadows is a private, 16‑unit duplex development on a private roadway that will rely on a private sanitary lift station and a private force main to reach the city's sewer system. Board members asked how elevation changes would be handled and whether the city would be notified if the lift station failed. Staff said the requirement for a backup generator and the PUD language obligate the developer to provide a generator; staff also said the city has contractual rights, under the developer's agreement, to maintain failed private facilities and to bill owners for that work. City staff (Brandon) said staff would “double check that they are tied to our system in some capacity that is operational” so the city receives alerts if the lift station fails. The developer agreement for Rolling Meadows and the accompanying stormwater agreement were approved.
The board also approved a stormwater maintenance agreement with Balinski Homes for the Old Farm subdivision, a single‑family project north of Madison Street.
Votes at a glance - 7E: Stormwater maintenance agreement — BLD KDV LLC (Center Road/Corporate Drive) — motion to approve; outcome: approved (recorded ayes: Steve Cassens; Kevin Riley; Joe Piper; O'Donnell). - 7A: Developer's agreement — VH Winterberry Reserve LLC (Winterberry subdivision) — motion to approve; outcome: approved (recorded ayes: Steve Cassens; Kevin Riley; Joe Piper; O'Donnell). - 7B: Stormwater maintenance agreement — VH Winterberry Reserve LLC — motion to approve; outcome: approved (recorded ayes: Steve Cassens; Kevin Riley; Joe Piper; O'Donnell; Ben Lang). - 7C: Developer's agreement — Rolling Meadows LLC (Rolling Meadows subdivision) — motion to approve; outcome: approved (recorded ayes: Steve Cassens; Kevin Riley; Joe Piper; O'Donnell). - 7D: Stormwater maintenance agreement — Rolling Meadows LLC — motion to approve; outcome: approved (recorded ayes: Steve Cassens; Kevin Riley; Joe Piper; O'Donnell). - 7F: Stormwater maintenance agreement — Balinski Homes (Old Farm subdivision) — motion to approve; outcome: approved (recorded ayes: Steve Cassens; Kevin Riley; Joe Piper; Vande).
Discussion and context Board members repeatedly framed the agreements as standard project controls: developer obligations for construction and warranty periods, and separate, long‑term maintenance responsibilities that may fall to homeowners associations after developer warranties expire. Ben Lang (Veridian Homes) said warranties and guarantees for Phase 1 will remain Veridian's responsibility. On the private lift station at Rolling Meadows, the board pressed staff on monitoring and notification: staff said the PUD requires a backup generator and that the city retains the contractual right to maintain the facility and recoup costs if private maintenance fails.
The approvals do not create new city‑owned infrastructure; they document private owner and HOA maintenance obligations and establish the city’s ability to enforce upkeep or intervene if facilities fail.
The meeting concluded after staff updates about ongoing capital improvement projects and several bid and procurement items discussed elsewhere on the agenda.
