ORD20081276-DedicationFees
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1276
AN ORDINANCE TO AMEND CHAPTER 18,
SECTION 18.21 (5) AND SECTION 18.46 (2),
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Dedication Fees)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 18, Section 18.21 (5), of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
(5) PROPORTIONATE PAYMENT IN LIEU OF DEDICATION. (Ord.#1166 – 06
03 2004, shall apply to land divisions formally submitted by Certified Survey
Map or Preliminary Plat on or before June 13, 2006)
(a) Payment in Lieu of Park Dedication (active and passive)
1) If the Common Council has determined that such dedication is
not feasible or compatible with development of the community,
the developer shall in lieu thereof pay to the City at the time of
application a fee, as from time to time established by resolution
of Common Council, to defray the impact the additional
development and residences will place have on the City parks,
system and the preserving of the City’s agricultural, natural
and cultural resources within the City’s park system.
2) Such fees shall be placed in a two nonlapsing funds (One for
active recreational park system uses and one for passive
recreational uses) and shall be used exclusively for the funding
the acquisition or initial improvement of land for public
parks as per 2007 Wisconsin Act 44. The improvement of
land for public parks means grading, landscaping,
installation of utilities, construction of sidewalks,
installation of playground equipment, and construction or
installation of restroom facilities on land intended for public
park purposes immediate or future site acquisitions or for
capital improvements of parks and recreational areas. The City
of Muskego Parks and Conservation Plan distinguishes land
for public park purposes as active (parks) and passive
(conservation). Such fees shall be applied to residential
development on the basis of total number of newly created
residential dwelling units, or newly created lots, and per acre of
developable land. Such fees shall apply to units/lots/acres of
developable land created by subdivision platting,
Ordinance #1276 Page 2
condominium platting, certified survey map or planned unit
development.
(b) Payment in Lieu of Conservation Open Space Acquisition Dedication
(1) If the Common Council has determined that such dedication
is not feasible or compatible with development of the community,
the developer shall in lieu thereof pay to the City at the time of
application a fee, as from time to time established by resolution
of Common Council, to defray the impact that additional
development will have on preserving the City’s agricultural,
natural and cultural resources.
(2) Such fees shall be placed in a nonlapsing fund and shall be
used exclusively for immediate or future conservation open
space site acquisitions. Such fees shall be applied to residential
and non-residential development on the basis of total planned
developed land. Such fees shall apply to planned development
created by subdivision, certified survey map or planned unit
development.
(c) Payment in Lieu of Conservation Trail Dedication
(1) If the Common Council has determined that such dedication is
not feasible or compatible with development of the community,
the developer shall in lieu thereof pay to the City at the time of
application a fee, as from time to time established by resolution
of Common Council, to defray the impact that additional
residences will place on the Conservation Trail system.
(2) Such fees shall be placed in a nonlapsing fund and shall be
used exclusively for immediate or future construction of the
conservation trail. Such fees shall be applied to residential
development on the basis of total number of residential dwelling
units. Such fees shall apply to units created by subdivision
certified survey map or planned unit development.
(d)(b) Where the development results in the creation of not more than
one additional unit or parcel of land, payment shall be required only for
the additional unit.
(c) If the parent parcel on a Certified Survey Map, with an existing
dwelling upon it, remains unchanged (meaning no construction or
grading), the parent parcel will not be assessed the per acre dedication
fee until the time of further division (Note; Parent parcel would be one of
the new parcels created by a land division that has an original residence
upon it).
(e) (d) Payment shall be in a lump sum and shall be paid before the City will
the City signatures on the final plat, final condominium plat,
Ordinance #1276 Page 3
certified survey map, or planned development and before the City
allows the recording of the documents stated at the time of final
approval of plat or certified survey map.
(f)(e) Where a lot or parcel for which payment has once been made is further
divided, payment shall be required for the additional lots or parcels
created.
(g)(f) For the purpose of this ordinance, the definition of non-
developable land for the per acre dedication fee shall constitute
wetlands and/or preservation/conservation easement areas and
shall not be charged the per acre dedication fee. The required
payment shall be made before the certification of approval may be
affixed to the final plat, certified survey map or planned development.
(g) The Park Board and Conservation Commission will be the
governing bodies for determinations of dedication fee “in lieu of”
situations, where a developer may make land dedications in return
for not having to pay dedication fees.
SECTION 2: Chapter 18, Section 18.46 (2) of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
(2) Accordingly, each Subdivider of land in the City shall, at the discretion and
direction of the Plan Commission, either dedicate open space lands designated
on the City comprehensive plan or plan component or reserve such open
space lands and pay a public site fee or, where no open space lands are
directly involved, pay a public site fee. The Plan Commission shall, at the time
of reviewing the preliminary plat, condominium plat, or certified survey map,
select one of the following options and record its selection in the minutes of the
meeting at which the preliminary plat, condominium plat, or certified survey
map is presented for approval (Determinations, at the Plan Commission’s
discretion, may be made by the City’s Park Board and/or Conservation
Commission when applicable):
(a) Dedication of Site Option. Whenever a proposed playground, park or other
public open space land designated on the City's comprehensive plan,
neighborhood unit development plan or other comprehensive plan
component is encompassed, all or in part, within a tract of land to be
subdivided by plat or certified survey map, the public lands shall be made a
part of the plat and be dedicated to the public by the Subdivider at the rate
of 5% of the total net area of the subdivision for schools and 5% of the total
net area for parks and 9.7% of the total net area for open space
conservation and any such proposed public lands in excess of the rate
established herein shall be reserved for a period not to exceed 3 years,
unless extended by mutual agreement, for purchase by the public agency
having jurisdiction at undeveloped land prices. If lands in excess of the
established rate are not acquired within the 3-year period, they will be
released from dedication to the owner.
Ordinance #1276 Page 4
(b) Reservation of Site Option. Whenever a proposed playground, park or other
public open space land designated on the City's comprehensive plan,
neighborhood unit development plan or other comprehensive plan
component is encompassed, all or in part, within a tract of land to be
subdivided by plat or certified survey map, the proposed public open space
lands shall be made a part of the plat or certified survey map and reserved
at the time of final plat or certified survey map approval for a period not to
exceed 3 years, unless extended by mutual agreement, for acquisition at
undeveloped land prices by the public agency having jurisdiction and the
Subdivider shall pay a public site fee at the time of the signing and recording
of a certified survey map, or final plat of the subdivision, or part thereof at
the rate and according to the procedures in par. (c) below. Land not
acquired within the 3-year time period will be released to the owner.
(c) Public Park Site Fee Option. (Pertains to land divisions formally submitted
by Certified Survey Map or Preliminary Plat on or before June 13, 2006). If
the proposed land division does not encompass a proposed public park,
parkway, open space conservation site or other open space lands, or if the
City Plan Commission requires the reservation of land under par. (b) above
conservation, conservation recreational trail and park dedication fees shall
be imposed.
(1) A conservation park dedication fee shall be imposed on both
residential and nonresidential properties and shall be paid to
the City Treasurer at the time of the signing and recording of a
certified survey map, final condominium plat, or final plat of
the subdivision, or part thereof in an amount as from time to
time established by resolution of the Common Council to
defray the impact the additional development and
residences will have on City parks, the City trail system,
and the preserving of the City’s agricultural, natural and
cultural resources within the City’s park system. the cost of
preserving the City’s agricultural, natural and cultural
resources. The amount of the conservation fee shall be set by
resolution, from year to year and shall be applied on the basis
of the total number of newly created residential dwelling
units, newly created lots, and per acre of developable
land. total acreage of developed land for the acquisition of
open space conservation sites throughout the City. Such fees
collected by the City Treasurer under the provisions of this
section shall be placed in a two separate nonlapsing special
funds for passive and active park improvement purposes.
The funds shall be separated as established by resolution
of Common Council. open space conservation and The
funds shall be separate from the City general fund and such
special funds shall be used exclusively for the funding the
acquisition or initial improvement of land for public parks
as per WI State Statute. The improvement of land for
Ordinance #1276 Page 5
public parks means grading, landscaping, installation of
utilities, construction of sidewalks, installation of
playground equipment, and construction or installation of
restroom facilities on land intended for public park
purposes acquisition of open space conservation areas within
the City.
(2) A conservation recreational trail fee shall be imposed on
residential dwelling units and shall be paid to the City
Treasurer at the time of the signing and recording of a certified
survey map, or final plat of the subdivision, or part thereof in
an amount as from time to time established by resolution of the
Common Council to defray the cost of construction
recreational trails within environmental and open space
conservation corridors. The amount of the conservation
recreational trail fee shall be set by resolution, from year to
year and shall be applied on the basis of the total number of
residential dwelling units in the development. Such fees
collected by the City Treasurer under the provisions of this
section shall be placed in a nonlapsing special fund for open
space conservation and shall be separate from the City
general fund and such special fund shall be used exclusively
for the construction of conservation recreational trails within
the City.
(3) A park dedication fee for the acquisition of public sites to serve
the future inhabitants of the proposed subdivision shall be paid
to the City Treasurer at the time of the signing and recording of
a certified survey map, or final plat of the subdivision, or part
thereof in an amount as from time to time established by
resolution of the Common Council to defray the impact that the
additional residence will place on the park system for each
proposed dwelling unit within the plat or certified survey map.
The amount of the park dedication fee shall be set by
resolution, from year to year and shall on the basis of
residential dwelling units for the construction of park and
recreational facilities needed to serve new development. Park
dedication fees collected by the City Treasurer under the
provisions of this section shall be placed in a non-lapsing
special fund and such special fund shall be used exclusively
for the acquisition and development of park and recreation and
areas within the City.
SECTION 3: This ordinance first applies to a certified survey map, a preliminary plat
or if no preliminary plat was submitted, a final plat (including a condominium plat) that
is submitted for approval on or after the effective date of this ordinance.
Ordinance #1276 Page 6
SECTION 4: A Public Hearing was held regarding the proposed amendments on
March 25, 2008 in front of the Common Council.
SECTION 5: This ordinance shall be in full force and effect from and after its
passage and publication.
TH
PASSED AND APPROVED THIS 13 DAY OF MAY , 2008.
CITY OF MUSKEGO
_______________________________
John R. Johnson, Mayor
First reading: 4/22/2008
ATTEST:
ND
_________________________ Published this 22 day of May, 2008
Clerk-Treasurer