ORD20091303-Clean
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1303
AN ORDINANCE TO AMEND CHAPTER 18,
SECTIONS 18.21 AND 18.46,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Open Space Dedication Requirements)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 18, Section 18.21 (2), of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
(2) SCHOOLS, PARKS, ENVIRONMENTAL CORRIDORS AND OTHER OPEN
SPACES. Whenever a tract of land to be divided within the City encompasses all
or part of a school site, park site, environmental corridor or other open space,
other than streets, highways, drainageways, other public ways or public access
to navigable lakes or streams which has been designated on an adopted
regional, County or City comprehensive plan or adopted comprehensive plan
component of the City, such school site, park site, environmental corridor or other
open space shall be made a part of the plat or certified survey map and
dedicated by the Subdivider in the locations and dimensions indicated on such
plan and in accordance with the procedures in 18.46 of this chapter.
SECTION 2: Chapter 18, Section 18.21 (3), of the Municipal Code of the City of
Muskego is hereby deleted.
SECTION 3: Chapter 18, Section 18.21 (4), of the Municipal Code of the City of
Muskego is hereby renumbered as18.21 (3) and amended to read as follows:
(3) FLOODLANDS AND SHORELANDS. Whenever floodlands and shorelands are
contained in a tract of land proposed to be divided into lots, building sites or
parcels of less than 5 acres in area, all floodlands and those shorelands
designated for park, recreation, environmental corridor or other open space land
use in a comprehensive plan or a component of such a comprehensive plan
prepared by State, regional, county or municipal agencies and adopted or
acknowledged by the City and lying within the below specified distances from the
high water elevation shall, at the discretion of the Common Council following
recommendation by the Plan Commission, be dedicated to the public by the
Subdivider. The lot area should generally not include such shorelands and
floodlands.
SECTION 4: Chapter 18, Section 18.21 (5), of the Municipal Code of the City of
Muskego is hereby renumbered as 18.21 (4).
SECTION 5: Chapter 18, Section 18.46 (2), of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
Ord. #1303 Page 2
(2) (Ord. #1276 – 5-22-2008) 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 fee or, where no open space lands are
directly involved, pay a 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 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.
(b) Park Fee Option. If the proposed land division does not encompass a
proposed public park, parkway, open space conservation site or other open
space lands, park dedication fees shall be imposed.
(1) A 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 amount of the 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. Such fees collected by the City Treasurer under the
provisions of this section shall be placed in two separate nonlapsing special
funds for passive and active park improvement purposes. The funds shall be
separated as established by resolution of Common Council. The funds shall be
separate from the City general fund and such special funds shall be used
exclusively for funding the acquisition or initial improvement of land for public
parks as per WI State Statute. 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.
SECTION 6: 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
Ord. #1303 Page 3
the validity of all other provisions, sections, or portion thereof of the Ordinance which
shall remain in full force and effect. Any other Ordinance whose terms are in conflict
with the provisions of this Ordinance is hereby repealed as to those terms that conflict.
SECTION 7: This Ordinance shall be in full force and effect from and after its passage
and publication.
TH
PASSED AND APPROVED THIS 8 DAY OF SEPTEMBER , 2009.
CITY OF MUSKEGO
_______________________________
John R. Johnson, Mayor
ATTEST: First reading: 08/11/2009
_________________________ Deferred: 08/25/2009
Clerk-Treasurer
8/09jmb
Notice of Newly Enacted Ordinance Published: 09/17/2009