ORD20091301-Wellhead-Amended
AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1301
AN ORDINANCE TO REPEAL AND RECREATE, CHAPTER 17,
ZONING CODE, SECTION 13, OF THE CITY OF MUSKEGO
(Wellhead Protection Overlay District)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 17, Section 13, of the Municipal Code of the City of Muskego is
hereby repealed and recreated as follows:
SECTION 13 WELLHEAD PROTECTION OVERLAY DISTRICT
13.01 STATEMENT OF INTENT
Purpose. The Wellhead Protection Area is intended to institute land use regulations
and restrictions to protect the City of Muskego’s municipal water supply and well fields
and to promote the public health, safety and general welfare of the residents of the
City of Muskego. Thus, the City adopts the separation distances and restricted land
use practices per § NR 811 and any future changes that may occur.
13.02 APPLICABILITY
The regulations specified by this district shall apply to all lands and/or structures that
lie within the separation distances specified in conformance with § NR 811 of each City
of Muskego municipal well within the City of Muskego corporate limits.
13.03 MAPPING
It is recognized that the actual Wellhead Protection Areas are ever-changing due to
parcel reconfigurations and building placements. The overlay area shall be recognized
on the City’s zoning maps by the location of the wells owned and maintained by the
City along with the circles noting the maximum 1,200 foot distance per § NR 811.
The prior mapping of wellhead protection areas is hereby repealed and recreated as
set forth in the zoning map, which is hereby adopted.
SECTION 2: The several sections of this ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portion thereof of the ordinance which shall
remain in full force and effect. Any other ordinances whose terms are in conflict with the
provisions of this ordinance are hereby repealed as to those terms that conflict.
Ord. #1301 Page 2
SECTION 3: This ordinance shall be in full force and effect from and after its passage
and publication.
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PASSED AND APPROVED THIS 13 DAY OF OCTOBER , 2009.
CITY OF MUSKEGO
_____________________________
John Johnson, Mayor
Deferred: 7/14/2009, 7/28/2009,
8/11/2009, 8/25/2009,
9/08/2009, 9/22/2009
ATTEST:
__________________________
Janice Moyer, Clerk
Notice of Newly Enacted Ordinance Published: 10/22/2009
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