ORD20101327-Chap18
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1327
AN ORDINANCE TO AMEND CHAPTER 18,
SECTIONS 18.31 (2) and 18.32 (3) (g)
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Land Division Ordinance - Plat Approval)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 18, Section 18.31 (2), of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
(2) PRELIMINARY PLAT APPROVAL. The objecting agencies shall, within 20 days of the
date of receiving their copies of the preliminary plat, notify the Subdivider and all other
approving and objecting agencies of any objections. If there are no objections, they
shall so certify on the face of the copy of the plat and shall return that copy to the City
Plan Commission. If an objecting agency fails to act within 20 days, it shall be deemed
to have no objection to the plat.
(a) The City Plan Commission shall, within 60 days of the date of filing of a
preliminary plat with the City Clerk, examine the preliminary plat as to its
conformance with this chapter; consider review comments from objecting
agencies, City staff and other agencies required to review and comment on the
preliminary plat; and shall recommend approval, approval with conditions or
rejection of the preliminary plat to the Common Council.
(b) The Common Council shall, within 90 days of the date of filing a preliminary
plat with the City Clerk or designee, approve, approve conditionally or reject
such plat. If the preliminary plat is approved conditionally or rejected, the City
shall state, in writing, any conditions of approval or the reasons for rejection.
One copy each of the plat and letter shall be placed in the Plan Commission
permanent files.
(c) Failure of the Common Council to act within 90 days of the date of filing, or
within the times as extended by agreement with the Subdivider, shall constitute
an approval.
(d)(a) Approval or conditional approval of a preliminary plat shall not constitute
automatic approval of the final plat, except that if the final plat is submitted
within 3624 months of preliminary plat approval and conforms substantially to
the preliminary plat layout as provided under §236.11(l)(b), Wis. Stats., the
final plat shall be entitled to approval with respect to such layout. If the final
plat is not submitted within 3624 months of the last required approval of the
preliminary plat, any approving authority may refuse to approve the final plat.
An approved preliminary plat shall be deemed an expression of approval or
conditional approval of the layout submitted and used as a guide in the
preparation of the final plat, which will be subject to further consideration by the
City Plan Commission and Common Council at the time of its submission.
(e)(b) Upon approval or conditional approval of a preliminary plat from the Plan
Commission or the Common Council, the Subdivider may proceed with
installation of subdivision improvements after approval of the engineering plans
by the City Engineer, Public Works Committee and Public Utility Committee,
approval of all other applicable agencies and submittal to the City of copies of
Ord. #1327 Page 2
all permits and letters of approval and/or may submit a final plat for review.
The Subdivider shall enter into a contract with the City agreeing to install the
required improvements and shall file with the contract a letter of credit, cash or
certified check meeting the approval of the City Attorney in an amount 120% of
the estimated cost of the improvements, such estimate to be made by the
Finance Committee and Common Council upon the recommendation of the
City Engineer, as a guarantee that such improvements will be completed by the
Subdivider or his subcontractors not later than one year from the date of
recording of the plat and as a further guarantee that all obligations to
subcontractors for work on the development are satisfied.
If after the approval or conditional approval of the Preliminary Plat by either the
Plan Commission or the Common Council, the Subdivider creates a substantial
change to the subdivision layout, the City shall require the resubmittal of a
preliminary plat in conformance with sub. (1) above. A substantial change to
the subdivision layout will have presumed to occur if the external boundaries of
the subdivision plat are changed in any manner, there is an increase in the
number of lots by more than 5%, there is a change in street configuration or a
permitting agency denies a permit on which the plat depends. If the change is
made at the request of the City, a substantial change shall not be presumed to
occur and the Subdivider may proceed with submittal of a final plat. (Ord.
#1261 – 8-23-2007)
SECTION 2: Chapter 18, Section 18.32 (3) (g), of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
(3) SUBMITTAL REQUIREMENTS.
(g) Recordation. The final plat shall be recorded with the Waukesha County
Register of Deeds only after the certificates of the Wisconsin Department of
Agriculture, Trade and Consumer Protection, the Common Council, the surveyor
and those required by §§236.21 and 236.12(4), Wis. Stats., are placed on the
face of the plat. The plat shall be recorded by the City Clerk within 30 days 12
months of its final approval by the Common Council and within 36 months
after the first approval.
SECTION 3: 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 ordinance whose terms are in conflict with the
provisions of this ordinance is hereby repealed as to those terms that conflict.
SECTION 4: This ordinance shall be in full force and effect from and after its passage
and publication.
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PASSED AND APPROVED THIS 10 DAY OF AUGUST , 2010
Ord. #1327 Page 3
CITY OF MUSKEGO
John R. Johnson, Mayor
ATTEST: First reading: 07/27/2010
________________________
Clerk-Treasurer
Notice of Newly Enacted Ordinance Published: August 19, 2010