ORD19670630RD.INANCE #63
AN ORDINAN'CE REPEALING AND RECREATING AN ORDINANCE E.KTITLED
SUBDIVISION CONTROL ORDINANCE FOR THE CITY OF MUSKEG0
0 AN ORDINANCE REGULATING THE DIVISION AND PLATTING OF LAND
THE CONNON COUNCIL OF THE CITY OF MUSKEGO DO ORDAIN AS
FOLLOWS:
SECTION I. PURPOSE
THE PURPOSE OF THIS ORDINANCE IS TO PRONOTE THE PUBLIC HEALTH,
SAFETY, AND GENERAL WELF.ARE OF THE CITY OF HUSKEGO AND THESE
REGULATIONS ARE DESIGNED TO LESSEN CONGESTION IN :THE STREETS
AND HIGHWAYS; TO FURTHER THE ORDERLY LAYOUT AND USE OF LAND;
TO SECURE SAFETY FRON FI.RE PANIC, AND OFHER DANGERS; TO PROVIDE
ADEQUATE LIGHT AND AIR; TO PREVENT THE OVERCROWDING OF LAND;
TO AVOID UNDUE CONCENTRATION OF POPULATION; TO FACILITATE
ADEQUATE PROVISION FOR T,RANSPORTATION, WATER, SEWERAGE, SCHOOLS,
PARKS, PLAYGROUNDS, AND OTHER PUBLIC REQUIREHENTS; AND TO
FACILITATE THE FURTHER RESUBDIVISION OF LARGER TRACTS INTO
SNALLER PARCELS OF LAND. THESE REGULATIONS ARE HADE WITH
OF THE CITY WITH A VIEW OF CONSERVING THE VALUE OF THE BUILDINGS
REASONABLE CONSIDERATION, ANONG OTHER THINGS, OF THE CHARACTER
PLACED UPON LAND, PROVIDING THE BEST POSSIBLE ENVIRONMENT FOR
HUMAN HABITATION, AND FOR ENCOURAGING THE NOST APPROPRIATE
USE OF LAND THROUGHOUT THE CITY.
SECTION II. GENE&&
A. ~TING OF SU~~L~ISION &Qua: ANY DIVISION OF LAND
HEREIN OR BY CHAPTER 236 OF THE KISCONSIN STATUTES AND AS THE
SANE NAY BE AHENDED, SHALL BE, AND ANY OTHER DIVISION NAY BE,
SURVEYED AND A PLAT THEREOF APPROVED AND RECORDED, PURSUANT TO
WITHIN THE CITY WHICH RESULTS IN A SUBDIVISION AS DEFINED
THE PROVISIONS OF THIS ORDINANCE AND SAID CHAPTER 236.
B. -JSIONS PA RE-: ANY DIVISION OF LAND
OTHER THAN A SUBDIVISION WITHIN THE CITY OF WHICH A PLAT HAS
NOT BEEN APPROVED AND RECORDED, SHALL BE SURVEYED AND A CERTI-
FIED SURVEY HAP OF SUCH DIVISION APPROVED AND RECORDED AS
REQUIRED BY SECTION IV B OF THIS ORDINANCE.
C. EXCEPTIONS: THE PROVISIONS OF THIS ORDINANCE SHALL NOT
-
APPLY TO:
a 1. TRANSFERS OF INTERESTS IN LAND BY WILL OR PURSUANT TO COURT ORDER;
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2. LEASES FOR A TER,~ NOT TO EXCEED 10 YEARS, MORTGAGES,
OR EASEMENTS,'
3. THE SALE OR EXCHANGE OF PARCELS OF LAND BETWEEN OWNERS
OF ADJOINING PRO.PERTY IF ADDITIONAL LOTS ARE NOT THEREBY
CREATED AND THE .LOTS RESULTING ARE NOT REDUCED BELOW
THE NINIMUM SIZES REQUIRED BY THIS ORDINANCE OR OTHER
APPLICABLE LAWS OR ORDINANCES.
SECTION III. DEFIIITIONoS
II A. DIVISION": THE D.TVISION OF A LOT, PARCEL, OR TRACT OF
LAND BY THE OWNER THEREOF OR HIS AGENT FOR THE PURPOSE OF SALE
OR OF BUILDING DEVELOPNENT, WHERE.'
1. THE ACT OF DIVIS.TON CREATES FIVE OR MORE PARCELS OR
BUILDING SIT= OF 1 1/2 ACRES EACH OR LESS IN AREA; OR,
2. FIVE OR MORE PARCELS OR BUILDING SITES OF 1 1/2 ACRES
EACH OR LESS IN .IREA ARE CREATED BY SUCCESSIVE DIVISIONS
WITHIN A PERIOD ,OF FIVE YEARS.
B. "PLAT": AS USED IN TlYIS ORDINANCE, REFERS TO THE NAP PRE-
PARED AS REQUIRED BY EITXER SECTION IIA, OR SECTION IIB OF
;HIS ORDINANCE, FOR THE .PURPOSE OF RECORDING SUBDIVISIONS" OR
c. SoBDrVIDER
II
OTHER DIVISIONS" OF LAND AS PROVIDED HEREIN.
I1 'I: THE OWNER OR OWNERS OF LAND WHICH IS BEING
DIVIDED PURSUANT TO SECT.rON IIA OR SECTION IIB OF THIS ORDINANCE.
D. I1 A WAY FOR IPEHICULAR TRAFFIC OTHER THAN AN ALLEY.
1. MAJOR STREETS AND HIGHWAYS ARE THOSE WHICH SERVE AS
THE PRINCIPAL AR!PERIES OF THROUGH TRAFFIC NOVEMENT.
2. COLLECTOR STREET:3 ARE THOSE WHICH CARRY TRAFFIC FRON
MINOR STREETS TO THE SYSTEM OF NAJOR STREETS AND HIGH-
WAYS, INCLUDING !PHE PRINCIPAL ENTRANCE STREETS OF A
RESIDENTIAL DEVELOPMENT AND STREETS FOR CIRCULATION
WITHIN SUCH A DETELOPNENT.
3. MINOR STREETS ARE THOSE WHICH ARE USED PRZMARILY FOR
ACCESS TO THE ABI7TTING PROPERTIES.
4. MARGINAL ACCESS STREETS ARE KINOR STREETS WHICH ARE
PARALLEL TO AND ADJACENT TO MAJOR STREETS AND HIGHWAYS,
AND WHICH PROVIDE ACCESS TO ABUTTING PROPERTIES AND
PROTECTION FROM IPHROUGH TRAFFIC.
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E. I1 UARY PLAT"' . A MAP SHOWING THE SALIENT FEATURES OF
A PROPOSED SUBDIVISION SUBMITTED TO AN APPROVING AUTHORITY
FOR PURPOSES OF PRELIMINARY CONSIDERATION.
F. RECORDING A PLAT": THE FILING OF THE ORIGINAL OF THE FINAL It
PLAT WITH THE REGISTER OF DEEDS.
SECTION IP. PROCEDURE
A. -
1. " PLAT
A. REOUIRED: BEFORE SUBMITTING A FINAL PLAT FOR APPROVAL
THE SUBDIVIDER SHALL SUBMIT A PRELIMINARY PLAT TO THE
PLAN COKMISSION IN ORDER THAT GENERAL AGREEMENT KAY
BE REACHED ON LAYOUT AND ARRANGEMENT OF STREETS AND
LOTS BEFORE A FINAL PLAT IS PREPARED. THE FORM AND
WDER SECTION VlI. DAXA REQUIRED FOR PLAT SUBMITTAL SHALL BE AS DESIGNATED
8. -ARY CONSULTATION: THE SUBDIVIDER SHALL, BEFORE
SUBKITTING THE PLAT FOR OFFICIAL FILING, MEET WITH THE PLLN COMMISSION FOR PRELIMINARY CONSULTATION IN ORDER
UNDER SECTION VlI. TO INSURE THAT THE PLAT IS ACCEPTABLE FOR PROCESSING
c. PLAN COMMISSION ACTION: IF THE PLAT IS SATISFACTORY,
THE PLAN COMMISSION MAY RECOKKEND ITS OFFICIAL FILING
AND ACT TO GRANT PRELIMINARY APPROVAL OF THE PLAT SUB-
JECT TO AM) EFFECTIVE UPON CERTIFICATION OF NO OBJECTION
FRO?¶ AGENCIES AUTHORIZED TO OBJECT.
D. OFFICIAL FILING: FOLLOWING THE PRELIKINARY CONSULTATION,
THE PLAT TOGETHER WITH A LIST OF THE AUTHORITIES TO
WHICH THE PLAT HUST BE SUBMITTED FOR APPROVAL OR OBJEC-
TION AS REQUIRED BY CHAPTER 236 OF THE vISCONSIN STATUTES
AND SUCH COPIES AS MAY BE REQUIRED, SHALL BE OFFICIALLY
FILED WITH THE CITY CLERK.
E. OFFICIAL APPROVAAJL:
(1 ) THE PLAN COHMISSION SHALL WITHIN 40 DAYS OF THE
OFFICIAL FILING, UNLESS THE TIME IS EXTENDED BY
WRITTEN AGREEMENT WITH THE SUBDIVIDER, APPROVE,
APPROVE CONDITIONALLY, OR REJECT THE PLAT. THE
SUBDIVIDER SHALL BE NOTIFIED IN WRITING OF ANY
CONDITIONS OF APPROVAL OR THE REASONS FOR REJECTION.
PURSUANT TO SECTION 236.12 WISCONSIN STATUTES NO
APPROVAL SHALL BE GRANTED UNTIL IT HAS BEEN CERTI-
FIED THAT THERE IS NO OBJECTION TO THE PLAT BY ANY
AGEMCY AUTHORIZED TO OBJECT.
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(2) APPROVAL OF THE PRELININARY PLAT SHALL ENTITLE
- TEE SUBDIVIDER TO FINAL APPROVAL OF THE LAYOUT
SHOWN BY SUCH PLAT IF THE FINAL PLAT CONFORNS
SUBSTANTIALLY TO SUCH LAYOUT AND CONDITIONS OF
APPROVAL HAVE BEEN NET.
2. E~GINEERING DATA .
A. FOLLOWING APPROVAL OF THE PRELININdRY PLAT AND PRIOR
TO SUBWITTAL OF A FINAL PLAT THE SUBDIVIDER SHALL
FURNISH TO THE CITY ENGINEER THE FOLLOWING ENGINEERING
PLAT AS IS PERTINENT AND AS REQUESTED BY THE ENGINEER.
(1 ) PLAN AND PROFILES SHOWING EXISTING AND ESTABLISHED
DATA PERTAINING TO UTILITIES AND IKPROVEKENTS IN THE
GRADES FOR ALL STREETS, ALLEYS, PUBLIC SITES AND
RIGHT-OF-WAYS, LOTS OR BUILDING PARCELS AT EACH
OF ALL CORNERS AND PROPOSED BUILDINGS.
(2) PLAN AND PROFILES OF ALL STORN SEWERS. CULVERTS,
AND OTHER SURFACE WATER DRAINAGE FACILITIES SHOWING
THE FLOW PATTERN AND DETENTION AREAS OF THESE
FACILITIES INCLUDING UNDER CONDITIONS OF EXTRENE
RAINSTORNS.
(3) PLAN AND PRO.FILES OF ALL SANITARY SEWERS INCLUDING
ONE SANITARY SEWER LATERAL PER LOT TO RUN TO LOT
LINES.
(4) PLAN AND PRO.FILES OF ALL WATER DISTRIBUTION LINES
INCLUDING STOP-BOXES AND APPURTENANCES INCLUDING
ONE WATER Ld'TERAL PER LOT TO RUN TO LOT LINE.
(5.) PLAN AND PROFILES OF UNDERGROUND DISTRIBUTION LINES
FOR ELECTRIC., TELEPHONE AND GAS SERVICE WITHIN THE
SUBDIVISION.
B/ APPROVAL Br ENGINEER: ALL SUCH PLANS AND PROFILES
SHALL BE APPROVE13 BY THE CITY ENGINEER BEFORE THE FINAL
PLAT SHALL BE DEENED ACCEPTABLE FOR FILING.
3. FINAL PLAT
A. n: THE FINAL PLAT. UNLESS THE TIHE IS EXTENDED
BY WRITTEN AGREEMENT WITH THE SUBDIVIDER, AND SUCH
COPIES THEREOF A:? SHALL BE REQUIRED SHALL BE SUBNITTED
TO THE CITY CLERK WITHIN SIX NONTHS OF APPROVAL OF THE
PRELIMINARY PLAT. HOWEVER, IF APPROVAL OF THE PRELINI-
NARY PLAT NUST BE OBTAINED FROM ANOTHER APPROVING
AUTHORITY SUBSEQUENT TO APPROVAL BY THE PLAN CONHISSION,
SUCH APPROVAL. inHE PLAN CONNISSION HAY WAIVE FAILURE
THE FINAL PLAT SHALL BE SUBHITTED WITHIN SIX HONTRS OF
TO COHPLY WITH THIS REQUIRENENT.
PAGE 5
B. ~GINEER s CHECJ ;: IN ORDER TO INSURE THAT THE PLAT IS I
ACCEPTABLE FOR PROCESSING, IT SHALL BE SUBMITTED
INITIALLY TO THE CITY ENGINEER FOR CHECKING.
C. FORW-: UPON OFFICIAL FILING, THE CITY CLERK SHALL
FORTHWITH FORWAILD THE PLAT TO THE PLAN COMMISSION
AND SHALL FORWARDCOPIES OF THE PLAT TO THE DIRECTOR
OF REGIONAL PLANNING AS REQUIRED BY SECTION 236.12, !VIS-
CONSIN STATUTES.
D. BFERRAL TO COMMON COUNCIL: THE PLAN COMMISSION SHALL
REFER THE FINAL PLAT WITH ITS RECOMMENDATION TO THE
COMNON COUNCIL WITHIN 30 DAYS OF ITS SUBMISSION UNLESS
THE TIME IS EXTENDED BY THE COUNCIL.
E. colmrclr. APPROVA’A~: THE COMMON COUNCIL SHALL APPROVE OR
REJECT THE FINAL PLAT WITHIN 60 DAYS OF ITS SUBMISSION
DIVIDER. REASO~W FQR REJECTION SHALL BE STATED IN
UNLESS THE TIME IS EXTENDED BY AGREEMENT WITH THE SUB-
THE MINUTES OF IPHE COUNCIL MEETING AND A COPY THEREOF
OR A WRITTEN STATEMENT OF SUCH REASONS SHALL BE SUPPLIED
THE SUBDIVIDER.
F. OPTIONAL TRUE Ctu: IF THE ORIGINAL OF THE FINAL PLAT
HAS BEEN FILED WITH ANOTHER APPROVING AUTHORITY, THE
SUBDIVIDER NAY FILE A TRUE COPY OF SUCH PLAT IN LIEU
OF THE ORIGINAL. HOWEVER, BEFORE APPROVAL BY THE
COMMON COUNCIL wILL BE INSCRIBED ON THE ORIGINAL OF
THE FINAL PLAT, THE SURVEYOR OR THE SUBDIVIDER SHALL
CERTIFY THE RESiPECTS IN WHICH THE ORIGINAL OF THE
FINAL PLAT DIFFERS FROK THE TRUE COPY, AND ALL MODI-
FICATIONS NUST FIRST BE APPROVED.
I+. QIJTIONAL ~OCESSIIYG AOCED-:
WHERE THE DEVELOPER CHOOSES TO FOLLOW THE OPTIONAL PRO-
CEDURE IN PROCESSING THE PLAT AS PROVIDED Br SECTION
COMMISSION SHAL,L NODIFY THEIR PROCEDURE AND THE WORDING
236.12 ~ISCONSIiV STATUTES, THE CITY CLERK AND PLAN
OF THE NECESSARY CERTIFICATE AND APPROVAL ACCORDINGLY.
B. ”
1. l31~- PLAT
A. BEFORE SUBMITTING A FINAL PLAT FOR APPROVAL THE SUB-
DIVIDER SHALL SUBMIT A PRELIMINARY PLAT ACCORDING TO
THE PROCEDURE DESIGNATED FOR A SUBDIVISION UNDER A1
ABOVE EXCEPT THAT NO STATE AGENCY ACTIONS ARE REeUIRED.
PAGE 6
2. FINAL PLAL
A. THE FINAL PLAT I.N THE FORH OF A CERTIFIED smmr HAP
SHALL BE SUBHITT5D ACCORDING TO THE PROCEDURE DESIG-
NATED FOR A SUBDIVISION UNDER A2 AND A3 ABOVE, EXCEPT
THAT NO STATE AGENCY ACTIONS ARE REQUIRED AND IF THE
NEW STREETS ONLY THE APPROVAL OF THE PLAN COHHISSION PLATTING DOES NOT INVOLVE THE CREATION OF ADDITIONAL
SHALL BE REQUIRED. SIX COPIES OF THE FINAL PLAT SHALL
BE SUBHITTED.
a
0
3. REOUIREHENT&
A. REASONABLE CONPLIANCE: TO THE EXTENT REASONABLY - PRACTICABLE THE .PLAT SHALL conPLr WITH THE PROVISIONS
OF THIS ORDINANCB HEREINAFTER STATED RELATING TO
GENERAL REQUIRENiTNTS AND DESIGN 9TANDARDS AND REQUIRED
IHPROVEHENTS.
B. REGISTERED SURVE:=: THE SURVEY SHALL BE PERFORHED
AND THE HAP PREPARED BY A REGISTERED SURVEYOR. SUCH
NAP SHALL DESCRI.BE THE ENTIRE OWNERSHIP INVOLVED IN
THE PROCESS OF DXVISION, PROVIDED HOWEVER THAT WHERE
THE DIVISION RESULTS IN A RESIDUAL PARCEL IN EXCESS
OF 10 ACRES, NOT INTENDED FOR IHHEDIATE SALE OR OTHER
CONVEYANCE, THE ,PLAN COHHISSION HAY WAIVE THE REQUIRE-
HENT FOR INCLUSION OF THE RESIDUAL PARCEL IN WHICH
CASE A SUPPLENENPARJ NAP OF REASONABLE ACCURACY SHALL
BE ATTACHED SHOWING THE RELATIONSHIP TO THE ORIGINAL
OWNERSHIP OF THE PARCEL OR PARCELS BEING SEVERED.
C. aObYTKEKT& ALL C13RNERS SHALL BE HONUHENTED IN ACCORDANCE
WITH SECTION 236,,15 (1;) (c) AND (D), WISCONSIN STATUTES.
D. ~NGINEERINC SXAF,~RDS: THE FINAL PLAT SHALL. BE PREPARED
IN ACCORDANCE wrxH SECTION 236.20 (2) (A), (E), (c), (E),
(F), (c), (H), (.r), (J), (~1,‘ (L), VISCONSIN STATDTES,
ON DURABLE WHITE PAPER 8 1/2 WIDE Br 14’’ LONG. ALL
LINES SHALL BE HADE KITH NONFADING BLACK INK TO A SCALE
OF 200 FEET TO AN INCH.
E. &COLATION TEST:%: IF ANY LOTS IN THE PLAT ARE NOT
TO BE SERVED BY IYUNICIPAL SANITARY SEWER, PERCOLATION
TESTS SHALL BE SUBHITTED ACCORDING TO THE PROCEDURE DES-
IGNATED UNDER THE RULES OF THE STATE BOARD OF HEALTH
APPLICABLE TO SUB-DIVISIONS.
4. CERTIFI CATES AND AFFIDAVITS -
”
A. ms AND SURVE:~: THE HAP SHALL INCLUDE THE CERTIFI-
CATE OF OWNERSHIi? AND THE AFFIDAVIT OF THE SURVEYOR WHO
SURVEYED AND HAPP;?ED THE PARCEL, TYPED, LETTERED, OR
REPRODUCED LEGIBIaY WITH NONFADING BLACK INK, GIVING A
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CLEAR AND CONCISE DESCRIPTION OF THE LAND SURVEYED
BY BEARINGS AND DISTANCES, CONNENCING WITH SONE
CORNER NARKED AND ESTABLISHED IN THE U. S. PUBLIC LAND SURVEY OR SONE CORNER PROVIDING REFERENCE TO A
CORNER MARKED AND ESTABLISHED IN THE U. S. PUBLIC LAND SURVEY. SUCH AFFIDAVIT SHALL INCLUDE THE STATE-
NENT OF THE SURVEYOR TO THE EFFECT THAT HE HAS FULLY
COMPLIED WITH T.HE REQUIRENENTS OF THIS SECTION.
E. CERTIFICATE OF &FROPAL: THE CERTIFICATE OF APPROVAL
OF THE PLAN CONNISSION OR GONNON COUNCIL AS REQUIRED,
SHALL BE TYPED, LETTERED, OR REPRODUCED LEGIBLY WITH
NON-FADING BLACK INK ON THE FACE OF THE NAP.
5- RECoRDlNC
A. FOLLOWING APPROVAL OF THE FINAL PLAT THE CERTIFIED
SURVEY NAP SHALL BE FILED BY THE SUBDIVIDER FOR RECOR-
DING WITH THE R.EGISTER OF DEEDS.
JXCTION Y. GENERAL RFQUIREIfENTS AND DESIGN STANDAU
A. m: THE PROPOSED SUBDIVISION SHALL CONFORM To:
1. THE PROVISIONS OF CHAPTER 236, WISCONSIN STATUTES;
2. ALL APPLICABLE ORDINANCES OF THE CITY;
3. THE NASTER OR GENERAL PLAN;
4. THE OFFICIAL NAP;
5. THE RULES OF THE STATE BOARD OF HEALTH RELATING TO
LOT SIZE AND LOT ELEVATION IF THE SUBDIVISION IS NOT
SERVED BY A PUBLIC SEWER AND PROVISION FOR SUCH SERVICE
HAS NOT BEEN NADE.
6. THE RULES OF THE STATE HIGHWAY COHNISSION RELATING
TO SAFETY OF ACCESS AND THE PRESERVATION OF THE PUBLIC
INTEREST AND INPESTNENT IN STREETS AND HIGHWAY IF THE
SUBDIVISION OR ANY LOT CONTAINED THEREIN ABUTS ON A
STATE TRUNK HIGHWAY OR CONNECTING STREET.
B. JTREETS:
1. GENERAL CONSIDERGIONS
A. DESIGN CRITERIA: THE STREETS SHALL BE DESIGNED AND
LOCATED IN RELATION TO EXISTING AND PLANNED STREETS,
TO TOPOGRAPHICAL CONDITIONS AND NATURAL TERRAIN
FEATURES SUCH A.S STREANS AND EXISTING TREE GROWTH,
TO PUBLIC CONVE.NIENCE AND SAFETY, AND IN THEIR
PAGE 8
APPROPRIATE REL.ATION TO THE PROPOSED USES OF THE
LAND TO BE SERV.ED BY SUCH STREETS.
B. CONSTRUCTION ST.AND~: CONSTRUCTION OF ALL STREETS
SHALL CONFORM TO THE CURRENT STANDARDS AS ESTABLISHED
BY THE CITY ENGINEER AND SHALL BE SUBJECT TO APPROVAL
OF THE CITY ENGINEER BEFORE ACCEPTANCE.
2. J’ONFORH TO OFFICIAL, MAP
A. THE ARRANGEMENT, WIDTH, GRADE AND LOCATION OF ALL
STREETS SHALL CONFORM TO THE OFFICIAL MAP.
3. ARRANGEMENT
A. MAJOR STREETS SHALL BE PROPERLY INTEGRATED WITH THE
EXISTING AND PROPOSED SYSTEM OF MAJOR STREETS AND
HIGHWAYS.
B. COLLECTOR STREE~ SHALL BE PROPERLY RELATED TO THE
MASS TRANSIT SYSTEN, TO SPECIAL TRAFFIC GENERATING
FROK FACILITIES SUCH AS SCHOOLS, CHURCHES, AND SHOPPING
CENTERS, TO POPULATION DENSITIES, AND TO MAJOR STREETS
INTO WHICH THEY FEED.
C. MINOR STREETS SHALL BE LAID OUT TO CONFORM AS MUCH
AS POSSIBLE TO TOPOGRAPHY, TO DISCOURAGE USE BY THROUGH
TRAFFIC, TO PERNIT EFFICIENT DRAINAGE AND SEWER SYSTEMS,
dND TO REQUIRE THE KINIHUK AKOUNT OF STREET NECESSARY
TO PROVIDE CONVENIENT, SAFE ACCESS TO PROPERTY.
4. RAILROADS AND L~~ED ACCESS HIGHWAYS VHERE A SUBDIVISION BORDERS ON OR CONTAINS A RAILROAD
THE PLAN COMMISSION KAY REQUIRE A STREET APPROXIMATELY
RIGHT-OF-WAY OR LIMITED ACCESS HIGHWAY RIGHT-OF-WAY,
PARALLEL TO AND ON EACH SIDE OF SUCH RIGHT-OF-WAY, AT
A DISTANCE SUITABLE FOR THE APPROPRIATE USE OF THE
INTERVENING LAND AS FOR PARK PURPOSES IN RESIDENTIAL
DISTRICTS OR FOR COMMERCIAL OR INDUSTRIAL PURPOSES IN
OTHER DISTRICTS
5. J’ONTR~ ACCESS WHERE A SUBDIVISION BORDERS ON OR CONTAINS AN EXISTING
OR PROPOSED NAJOR STREET, THE PLAN COMMISSION MAY RE-
QUIRE THAT KARGINAL ACCESS STREETS BE PROVIDED, THAT
THE BACKS OF LOTS ABUT THE MAJOR STREETS AND BE PRO-
VIDED WITH SCREEN PLANTING CONTAINED IN A NON-ACCESS
RESERVATION ALONG THE REAR PROPERTY LINE, THAT DEEP
LOTS WITH REAR SERVICE ALLEYS BE PROVIDED OR THAT
PAGE 9
OTHER PROVISIO.NS BE NADE FOR THE ADEQUATE PROTECTION
OF RESIDENTIAL PROPERTIES AND THE SEPARATION OF THROUGH
AND LOCAL TRAF.FIC.
6. WIDTH THE RIGHT-OF-WAY OF ALL STREETS SHALL BE OF THE
WIDTH SPECIFIE.U ON THE OFFICIAL NAP OR NASTER PLAN,
EXCEPT AS NAY BE SPECIFICALLY OTHERWISE AUTHORIZED
BY THE PLAN COMNISSION FOR INTERNAL STREETS IN GROUP
PROJECTS OR OTHER SPECIAL SITUATIONS, OR IF NO WIDTH
IS SPECIFIED TXERE, THEY SHALL BE NOT LESS THAN THE
WIDTH SPECIFIED BELOW:
A. MAJOR
B. COLLECTOR STREETS
c. LOCAL ACCESS STREETS
D. FRONTAGE ST~QEETS
RIGHT-OF-WAY
100 FEET
80 FEET
60 FEET
50 FEET
7. GRADES THE GRADE OF MAJOR AND COLLECTOR STREETS SHALL NOT
EXCEED 6% AND THE GRADE OF ALL OTHER STREETS SHALL
NOT EXCEED IO%,, UNLESS NECESSITATED Br EXCEPTIONAL
TOPOGRAPHY AND APPROVED BY THE PLAN CONNISSION. THE NININUN GRADE OF ALL STREETS SHALL BE NO LESS
THAN 1/28 AND SUCH NININUN SHALL NOT BE PERNITTED
FOR SUSTAINED .DISTANCES.
0. HORIZONTAL CUR= A NININUN SIGHT DISTANCE WITH CLEAR VISIBILITY,
NEASURED ALONG THE CENTER LINE, SHALL BE PROVIDED
OF AT LEAST 300 FEET ON NAJOR STREETS, 200 FEET FOR
COLLECTOR STREETS, AND 100 FEET ON NINOR STREETS.
9. ~ICAL CURVE:% ALL CHANGES IN STREET GRADES SHALL BE CONNECTED Br
VERTICAL CURVES OF A NININUFI LENGTH EQUIVALENT TO 15 TINES THE ALGEBRAIC DIFFERENCE IN THE RATE OF GRADE
FOR NAJOR STREETS AND COLLECTOR STREETS AND 1/2 OF THIS
NININUN LENGTH FOR ALL OTHER STREETS.
IO. TANGENTS A TANGENT AT LEAST 100 FEET LONG SHALL BE INTRODUCED
BETWEEN REVERSE CURVES ON NAJOR AND COLLECTOR STREETS.
11. NANES NEW STREET NANES SHALL NOT DUPLICATE THE NAMES OF
EXISTING STREE:TS, BUT STREETS THAT ARE CONTINUATIONS
OF OTHERS ALRE.4DY IN EXISTENCE AND NANED SHALL BEAR
THE NANE OF THZ EXISTING STREETS.
12. CUL-DE-SAC OR DIPAD END STREETS
STREETS DESIGNED TO HAVE ONE END PERKXNENTLY CLOSED
SHALL NOT NORKALLY EXCEED 500 FEET IN LENGTH AND SHALL
TERKINATE WITH .I TURN-AROUND OF NOT LESS THAN.1'20 FEET
IN DIAKETER OF RIGHT-OF-WAY AND A ROADWAY OF NOT LESS
THAN 100 FEET IN DIAMETER.
13. .RESERVE STRIpS RESERVE STRIPS CONTROLLING ACCESS TO STREETS SHALL
BE PROHIBITED EXCEPT WHERE THEIR CONTROL IS DEFINITELY
PLACED IN THE C.ITY UNDER CONDITIONS APPROVED BY THE
PLAN COMMISSION.
14. HALF STREETS WHERE AN EXISTING HALF-STREET IS ADJACENT TO THE SUB-
DIVISION, THE SVBDIVIDER SHALL BE REQUIRED TO DEDICATE
THE REKAINING HALF. NO PLATTING OF PARTIAL RIGHT-OF-
WAY SHALL BE PEiPKITTED WHICH RESULTS IN THE OPENING
OF LESS THAN THE FULL RIGHT-OF-WAY FOR ANY STREET,
EXCEPT WITH THE APPROVAL OF THE PLAN CONKISSION.
C. INTERSECTIONS
1. RIGHT ANGLE: STREETS SHALL INTERSECT AS NEARLY AS
POSSIBLE AT RIGHT ANGLES AND NOT KORE THAN TWO STREETS
SHALL INTERSECT AT ONE POINT UNLESS APPROVED BY THE PLAN COKKISSION.
2. ROUNDED: PROPERTY LINES AT STREET INTERSECTIONS SHALL
BE ROUNDED WITH A RADIUS OF 15 FEET OR OF A QREATER
RADIUS WHERE TH.E PLAN CONKISSION CONSIDERS IT NECESSARY.
3. Jocs: STREET JOGS WITH CENTER LINE OFFSETS OF LESS
THAN 125 FEET S.HALL BE AVOIDED. WHERE STREETS INTER-
SECT KAJOR STRE.ETS, THEIR ALIQNKENT SHALL BE CONTINUOUS.
D. ALLEYS
1. COKKERCIAL AND INDUSTRIAL: ALLEYS SHALL BE PROVIDED
THAT THE PLAN CONKISSION KAY WAIVE THIS REQUIREKENT
IN ALL COKKERCI.AL AND INDUSTRIAL DISTRICTS, EXCEPT
WHERE OTHER DEFINITE AND ASSURED PROVISION IS MADE
FOR SERVICE ACCESS SUCH AS OFF-STREET LOADING AND
PARKING CONSISTENT WITH AND ADEQUATE FOR TEE USES
PROPOSED.
2. RESIDENTIAL: ALLEYS SHALL NOT BE APPROVED IN RESIDENTIAL
AREAS UNLESS NECESSARY BECAUSE OF TOPOGRAPHY OR OTHER
EXCEPTIONAL CIRCUMSTANCES.
3. WIDT~: THE WIDTH OF ALLEYS SHALL NOT BE LESS THAN
24 FEET.
PAGE 11
4. DEAD END: DEAD END ALLEYS ARE PROHIBITED EXCEPT UNDER
VERY UNUSUAL CIRCUNSTANCES, AND CROOKED AND T ALLEYS
SHALL BE DISCOURAGED. WHERE DEAD END ALLEYS ARE UNAVOI-
DABLE THEY SHALL BE PROVIDED WITH ADEQUATE TURN-AROUND
FACILITIES AT THE DEAD END.
It tt
E. EASEHENTS
1. -TIES: EASEMENTS ACROSS LOTS OR CENTERED ON REAR
OR SIDE LOT LINES SHALL BE PROVIDED FOR UTILITIES WHERE
REQUIRED BY THE PLAN CONHISSION AND SHALL BE AT LEAST
10 FEET WIDE.
2. BRAXNAGE: WHERE A SUBDIVISION IS TRAVERSED BY A WATER
COURSE, DRAINAGE W.AY, CHANNEL, OR STREAN, THERE SHALL BE
PROVIDED A STORN W.ATER EASEMENT OR DRAINAGE RIGHT-OF-WAY
CONFORHING SUBSTANTIALLY WITH THE LINES OF SUCH WATER
COURSE, AND SUCH FURTHER WIDTH OR CONSTRUCTION, OR BOTH,
AS WILL BE ADEQUAIE FOR THE PURPOSE. WHEREVER POSSIBLE,
IT IS DESIRABLE THAT THE DRAINAGE BE HAINTAINED BY AN
OPEN CHANNEL WITH LANDSCAPED BANKS AND ADEQUATE WIDTH
FOR HAXINUH POTENTIAL VOLUNE OF FLOW.
F. BLOCKS
1. SHAPE AND SIZE: TH.E LENGTHS, WIDTHS, AND SHAPES OF BLOCKS
SHALL BE SUCH AS ARE APPROPRIATE FOR THE LOCALITY AND THE
TYPE OF DEVELOPMENT CONTEMPLATED.
2. CROSSWALKS: PEDESTRIAN CROSSWALKS NOT LESS THAN 15 FEET
WIDE mr BE REQUIRED BY THE PLAN CONNISSION WHERE DEENED
DESIRABLE TO PROVIDE CONVENIENT PEDESTRIAN CIRCULATION
OR ACCESS TO SCHOOLS, PLAYGROUNDS, SHOPPING CENTERS,
TRANSPORATION, AND OTHER COMHUNITY FACILITIES.
G.
1. IN GENERAL: THE S.TZE, SHAPE, AND ORIENTATION OF LOTS
SHALL BE APPR0PRIA:TE FOR THE LOCATION OF THE SUBDIVISION
AND FOR THE TYPE OF DEVELOPNENT AND USE CONTENPLATED.
2. LOT DIMENSIONS
A. LOT DIMENSIONS SHALL CONFORM TO THE REQUIREMENTS OF
THE ZONING ORDINANCE.
B. RESIDENTIAL LOTS TO BE SERVED BY PRIVATE SEWERAGE
DISPOSAL FACILITIES SHALL coNpLr WITH THE RULES OF
THE STATE BOARD OF HEALTH.
c. DEPTH AND WIDTH OF PROPERTIES RESERVED OR LAID OUT
FOR CONNERCIAL .4ND INDUSTRIAL PURPOSES SHALL BE
ADEQUATE TO PROTIDE FOR THE OFF-STREET SERVICE AND
a
3.
4.
5.
6.
7.
0.
9.
PAGE 12
PARKING FACILITIES REQUIRED BY THE TYPE OF USE AND
DEVELOPMENT CONTEMPLATED.
B. RESIDENTIAL LOTS ABUTTING ON MAJOR STREETS AND HIGH-
WAYS SHALL BE P.LATTED WITH SUFFICIENT DEPTH TO PERMIT
ADEQUATE SEPARATION BETWEEN THE BUILDINGS AND SUCH
TRAFFIC WAYS.
E. LOTS SHOULD BE .DESIGNED WITH A SUITABLE PROPORTION
BETWEEN WIDTH AND DEPTH. NEITHER LONG NARROW, NOR WIDE
SHALLOW LOTS AR.E NORNALLY DESIRABLE. NORNAL DEPTH
SHOULD NOT EXCE.ED 2-1/2 TIMES THE WIDTH, NOR BE LESS
THAN 100 FEET.
CORNER LOTS: CORN.ER LOTS SHOULD BE DESIGNED TO PERMIT
FULL SETBACK ON BOTH STREETS AS REQUIRED BY THE APPLICABLE
ZONING DISTRICT REQUIREKENTS.
-TREETS: EVERY LOT SHALL FRONT OR ABUT
ON A PUBLIC STREET. LOTS WITH AN ACCESS ONLY TO PRIVATE
DRIVES OR STREETS SHALL BE PERHITTED ONLY WITH PLAN
C~MISSION APPROVAL.
LOTS AT RIGHT ANGLE: LOTS AT RIGHT ANGLES TO EACH OTHER
SHOULD BE AVOIDED WHEREVER POSSIBLE, ESPECIALLY IN
RESIDENTIAL AREAS.
LOT LIN~: SIDE LOT LINES SHALL BE SUBSTANTIALLY AT
RIGHT ANGLES OR RADIAL TO STREET LINES.
LARGE LOTS: WEERE LOTS ARE CREATED OF A SIZE LARGER THAN
NORMAL FOR THE AREA, THE PLAN COMMISSION NAY REQUIRE THAT
THE PLAT BE SO DESIGNED AS TO ALLOW FOR THE POSSIBLE
FUTURE RESUBDIVISION OF SUCH LOTS INTO NORNAL SIZES
CONPATIBLE WITH THE AREA.
MUNICIPAL BOUNDAR~~: LOTS SHALL FOLLOW NUNICIPAL BOUNDARY
LINES WHENEVER PRACTICABLE, RATHER THAN CROSS THEM.
,DOUBLE FRONTAGE: DOUBLE FRONTAGE AND REVERSED FRONTAGE
LOTS SHALL BE AVOI'DED EXCEPT WHERE NECESSARY TO PROVIDE
SEPARATION OF RESI'DENTIAL DEVELOPNENT FROK TRAFFIC AR-
TERIES OR TO OVERCOME SPECIFIC DISADVANTAGES OF TOPO-
GRAPHY AND 0RIENTA.TION.
PAGE 13
A. MONUHENTS: THE SUBDIVISIONS SHALL BE HONUHENTED AS REQUIRED
BY SECTION 236.15, WISCONSIN STATUTES, WHICH IS HEREBY
ADOPTED BY REFERENCE.
B. REQUIRED INSTALLATIONS: BEFORE THE FINAL PLAT OF A SUBDIVI-
SION LOCATED WITHIN T.HE CORPORATE LIHITS WILL BE APPROVED,
WHERE REQUIRED BY THE COHHON COUNCIL DEDICATE THE FOLLOWING
BY THE COHHON COUNCIL AND ADNINISTERED BY THE CITY ENGINEER,
WITHIN THE TINE REQUI.RED BY THE COMMON COUNCIL, BUT IN NO
EVENT TO EXCEED TWO (2) YEARS. WHERE THE SUBDIVIDER INTENDS
THE SUBDIVIDER SHALL PROVIDE, CAUSE TO BE PROVIDED AND
FACILITIES AND IHPROVBHENTS ACCORDING TO STANDARDS ESTABLISHED
ALL OF WHICH FACILITIES AND IMPROVENENTS NUST BE INSTALLED
TO CREATE A PRIVATE UTILITY CORPORATION TO OWN, OPERATE
OR HAINTAIN UTILITY FACILITIES WITHIN THE PROPOSED SUBDIVISION,
THE RULES, REGULATIONS AND BY-LAWS OF SAID CORPORATION SHALL
CONTAIN A PROVISION THAT THE CITY OF MUSKEGO SHALL HAVE THE
RIGHT BUT NOT THE OBLIGATION, IN THE EVENT OF INPROPER
OPERATION OR HAINTENANCE OF THE UTILITY, TO CORRECT SUCH IN-
UTILITY. SAID RULES, REGULATIONS AND BY-LAWS SHALL FURTHER
PROVIDE THAT THE DETERHINATION OF IHPROPER OPERATION AND
HAINTENANCE BY THE CITY SHALL BE BINDING ON THE UTILITY.
PROPER PRACTICES ORSYSTEM DEFICIENCIES AT THE COST OF THE
1. GRADING: AFTER ESTABLISHKENT OF STREET AND LOT GRADES
APPROVED Br THE CITY ENGINEER, THE SUBDIVIDER SHALL
ROUGH GRADE THE LOTS AND FINISH GRADE THE FULL WIDTH OF
ALL STREET RIGHT-OF-WAY SUB-GRADES PROPOSED TO BE DEDI-
CATED ACCORDING TO THE GRADING PLAN FOR ROADS, DITCHES,
LOTS AND SURFACE DRAINAGE SWALES APPROVED UNDER SECTION IY 2.
2. ROAD PAVING: UPON SATISFACTORY INSTALLATION OF ALL
UNDERGROUND SEWER, WATER, TELEPHONE, ELECTRIC, GAS, OR
OTHER UTILITY SERVICE WITHIN THE PAVING AREA, THE SUB-
DIVIDER SHALL SURFACE ALL STREETS PROPOSED TO BE DEDI-
CATED WITH A GRAVEL BASE AND THE FIRST COURSE OF A TWO
COURSE. ASPHALTIC CONCRETE (HOT MIX ASPHALT) PAVING IN
COHMON COUNCIL AND ADMINISTERED BY THE CITY ENGINEER. THE SECOND PAVING COURSE SHALL BE APPLIED BY THE SUB-
DIVIDER UPON FINDING BY THE CITY ENGINEER THAT SUB-
ACCORDANCE WITH THE STANDARDS AS ESTABLISHED BY THE
DIVISION CONSTRUCTION HAS PROGRESSED SUFFICIENTLY TO
PERHIT INSTALLATION OF SODDED DRAINAGE DITCHES AND THIS
SECOND, OR FINAL, WEARING PAVING COURSE. THE COST OF
ACCESS STREET SHALL BE BORNE:BY THE CITY.
ROAD WIDTH PAVING IN EXCESS OF THAT REQUIRED FOR A LOCAL
3. $TORN WATER -ACE FACWTIES: THE SUBDIVIDER SHALL
PROVIDE, IN ADDITION TO PROPER GRADING OF LOT, SWALES,
OPEN DRAINAGE CHANNELS, AND ROAD DIT.CHES, GRASS SEED, OR
PAGE 14
WHERE REQUIRED, SOD OF THE ROAD DITCH FROH PAVING EDGE TO
LOT LINE AFTER COHPLETION OF SUFFICIENT SUBDIVISION CON-
STRUCTION AS DETERMINED BY THE CITY ENGINEER AS' UNDER 2.
ABOVE. WHERE NECESSARY AS DETERMINED UNDER SECTION IV 2.,
THE SUBDIVIDER SHALL ALSO PROVIDE INTERSECTION CULVERTS,
CONCRETE LINING OF ROAD DITCHES, CHANNELS, AND LOT SWALES,
AND ANY ENCLOSED STORM SEWERS TOGETHER WITH NECESSARY
CURBING, CATCH BASINS, AND INLETS AS MAY BE REQUIRED. THE
COST OF ENCLOSED STORM SEWERS GREATER THAN 24 INCHES IN
DIAMETER SHALL BE DIVIDED BY PRO-RATING THE TOTAL COST
BETWEEN THE SUBDIVISION AND THE TRIBUTARY AREA SERVED BY
THE SEWER, WITH THE NON-SUBDIVISION SHARE BORNE BY THE
CITY OR ASSESSED AGAINST FUTURE SUBDIVISIONS OF THE TRI-
BUTARY AREA.
4. PUBLIC SANITARY S.qm: IN ALL AREAS OF THE CITY DESIG-
NATED ON THE CITY GENERAL PLAN FOR PUBLIC SEWERS, THE
SUBDIVIDER SHALL INSTALL NECESSARY HAINS, LIFT STATIONS,
FORCE MAINS, AND LATERALS TO THE LOT LINE TO SERVE EACH
LOT IN THE SUBDIVISION AS REQUIRED UNDER SECTION IV. 2.
OF THIS ORDINANCE. WHERE ENGINEERING CANNOT BE COHPLETED
BECAUSE THE METHOD OF ACTUAL CONNECTION TO CITY INTERCEPTORS
IS NOT KNOWN AT THE TIME OF PLATTING, THE ALTERNATIVE OF
PROVIDING FINANCIAL GUARANTEE OF FUTURE INSTALLATION
BY THE SUBDIVIDER UNDER SECTION VI C. BELOW SHALL BE
REQUIRED. THE COST OF SANITARY SEWERS GREATER THAN 0
INCHES, AS WELL AS LIFT STATIONS AND FORCE HAINS DESIGNED
TO SERVE HORE THAN THE SUBDIVISION, SHALL BE DIVIDED BY
PRORATING THE TOTAL COST BETWEEN THE SUBDIVISION AND THE
TRIBUTARY AREA SERVED BY THE FACILITIES, WITH T€IE NON-
SUBDIVISION SHARE BORNE BY THE CITY OR ASSESSED AGAINST
FUTURE SUBDIVISIONS OF THE TRIBUTARY AREA. WHEN IN THE
JUDGEMENT OF THE PLAN COMHISSION, SEWERS WILL NOT BE
AVAILABLE FOR A PERIOD OF TWO (2) YEARS, THE PLAN Con-
MISSION HAY WAIVE THE REQUIREHENTS OF THIS PARAGRAPH.
5. -UTILITIES: FACILITIES FOR DISTRIBUTION OF ELECTRIC,
TELEPHONE, AND GAS UTILITY SERVICE LOCATED WITHIN A
SUBDIVISION SHALL BE INSTALLED .UNDERGROUND EXCEPT WHERE
THE COMMON COUNCIL UPON RECOMHENDATION OF THE PLAN COHMISSION FINDS THAT ADVERSE OIL CONDITIONS OR PROBLEMS
TIVELY EXPENSIVE. TRANSFORHERS, JUNCTION BOXES, HETER
OF UTILITY DISTRIBUTION HAKE SUCH INSTALLATION PROHIBI-
POINTS, OR SIMILAR EQUIPMENT MAY BE INSTALLED UPON THE
GROUND SURFACE IF THE NECESSITY, LOCATION AND UTILITY
APPROVED LANDSCAPE SCREENING PLAN THEREFORE HAVE BEEN
APPROVED BY THE PLAN COMMISSION.
6. EROSION CONTROL: ALL OPEN CUTS OF GROUND SUBJECT TO
EXCESSIVE EROSION SHALL BE RETURFED IN A MANNER SATIS-
FACTORY TO THE CITY ENGINEER.
PAGE 15
7. SIDEWALKS: THE COMNON COUNCIL NAY REQUIRE THE SUBDIVIDER
TO INSTALL SIDEWALKS OF CONCRETE OR ASPHALTIC CONCRETE
CONSTRUCTION, UPON RECOMMENDATION OF THE PLAN CONMISSION,
WHERE THE COUNCIL FINDS THE NEED ON ONE OR BOTH SIDES
OF A STREET, PARKWAY, OR OTHER OPEN SPACE AREA PROPOSED
TO BE DECIATED OR RESERVED, TO PROVIDE FOR SAFE PEDESTRIAN
MOVEMENT.
0. ET LIGHTING: THE COMMON COUNCIL MAY REQUIRE THE SUB-
DIXDER TO INSTALL LIGHTING AT STREET INTERSECTIONS,
ALONG PEDESTRIAN WAYS OR AT OTHER LOCATIONS PROPOSED TO
BE DEDICATED OR RESERVED, AS RECOMMENDED BY THE CITY ENGINEER, ACCORDING TO STANDARDS FOR LANP TYPE AND SPA-
CING ESTABLISHED BY THE CITY ENGINEER.
9. STREET SIGNS: THE SUBDIVIDER SHALL INSTALL AT INTER-
SECTIONS AND OTHER APPROPRIATE LOCATIONS ON RIGHT-OF-
WAYS PROPOSED TO BE DEDICATED OR RESERVED, SIGNS AS
REQUIRED BY THE COMNON COUNCIL.
10. STREET TREES: THE SUBDIVIDER SHALL PROVIDE FOR THE
PLANTING OF STREET TREES ALONG BOTH SIDES OF ROADWAYS,
TRIAN OR OTHER AREAS PROPOSED TO BE DEDICATED OR RESERVED.
AND WHERE REQUIRED BY THE PLAN COHMISSION, ALONG PEDES-
AN ALTERNATE NETHO.D MAY BE SUBMITTED TO THE PLAN CONNISSION
FOR APPROVAL. THE SPECIES OF TREES AND PLANTING INTERVAL
SHALL BE AS REQUIR.ED BY THE CITY FORESTER AND THE PARK
& RECREATION BOARD, WHO SHALL STRIVE TO DEVELOP A PROGRAM
INVOLVING A VARIETY OF TREES THROUGHOUT THE CITY AND THE
SUBDIVISION TO FOR.ESTALL THE SPREAD OF TREE DISEASES
INVOLVING PARTICUL.AR SPECIES. SUCH TREES SHALL HAVE A
TRUNK DIANETER OF NOT LESS THAN ONE (1 INCH ONE FOOT
ABOE THE ROOT SYST.EN, EXCEPT SMALLER SIZES MAY BE PER-
NITTED BY THE FORESTER AND BOARD TO ACCOMMODATE THOSE
SPECIES HAVING TAP ROOT GROWTH. TREES FAILING TO SUR-
VIVE WITHIN ONE YEAR SHALL BE REPLACED BY THE SUBDIVIDER.
C. FINANCIAL GIIQBANTEE: IN THE EVENT THE AFORESAID FACILITIES
AND IMPROVEMENTS HAVE NOT BEEN FULLY INSTALLED AT THE TIME
THE PLAT IS SUBMITTED FOR FINAL APPROVAL, THE SUBDIVIDER
SHALL FILE WITH THE CITY TREASURER, OR HIS DEPUTY, OR OTHER
DESIGNATED AGENT, A SVRETY BOND EXECUTED BY THE SUBDIVIDER
AS PRINCIPAL AND A RESPONSIBLE BONDING CONPANY DULY LICENSED
AND AUTHORIZED TO DO j3USINESS IN THE STATE OF vISCONSIN AS
SURETY, PAYABLE TO THE CITY OF MUSKEGO, vAUKESHA COUNTY,
VISCONSIN, AND CONDITIONED UPON THE FAITHFUL PERFORMANCE
AND PAYMENT OF ANY AND ALL WORK TO BE PERFORNED BY THE SUB-
DIVIDER PURSUANT TO THIS ORDINANCE; OR OTHER SATISFACTORY
FINANCIAL GUARANTEE FOR THIS PURPOSE. SUCH BOND OR OTHER
AND SHALL BE OF AN AHPIOUNT DETERKINED BY THE CITY ENGINEER
TO ANPLY COVER THE COST OF COMPLETING SAID FACILITIES AND
IMPROVENENTS.
FINANCIAL GUARANTEE smLL BE APPROVED BY THE CITY ATTORNEY
PAGE 16
D. ENGINEER s APP- : .THE ADEQUACY OF SUCH FACILITIES AND I
INPROVEMENTS AND THEIR PROPER INSTALLATION SHALL BE SUBJECT
TO APPROVAL OF THE CI!TY ENGINEER.
E. STAGE DEVELOP MEN^: IN ALL INSTANCES WHERE IT SHALL APPEAR
TO THE SATISFACTION OF THE CONNON COUNCIL THAT THE WHOLE OF
A PLATTED SUBDIVISION CANNOT IMNEDIATELY BE FULLY INPROVED
WITH RESPECT TO THE INSTALLATION OF ALL STORM AND SANITARY
SEWERS AND RELATED FACILITIES, WATER MAINS AND RELATED
FACILITIES AND STREET IMPROVENENTS, BY REASON OF UNAVOIDABLE
DELAY IN THE ACQUISITION OF LANDS NECESSARY FOR SUCH IMPROVE-
NENTS, OR BY REASON 0.F THE UNAVOIDABLE DELAY IN OBTAINING
NECESSARY ENGINEERING DATA AND INFORXATION, OR FOR ANY OTHER
GOOD REASON OR CAUSE, THE CONNON COUNCIL NAY, IN ITS SOLE
DISCRETION, AUTHORIZE THE DIVIDER TO PROCEED WITH THE IN-
STALLATION OF INPROVENENTS REQUIRED UNDER THIS ORDINANCE
ON A PORTION OR PART OF SAID SUBDIVISION AND IN SUCH EVENT,
THE REQUIREMENTS OF T.HIS ORDINANCE SHALL APPLY TO THAT
PORTION OR PART THEREOF, AUTHORIZED FOR IMMEDIATE INPROVE-
NENT.
F. -CATION OF FACILIT.~: ALL FACILITIES AND INPROVENENTS
INSTALLED PRIOR TO TH.E FINAL APPROVAL OF THE PLAT SHALL
BE CONSIDERED DEDICATED ALONG WITH STREETS AND OTHER
PUBLIC AREAS UPON THE APPROVAL OF THE PLAT. FACILITIES
AND IMPROVEMENTS COKP.LETED UNDER BOND OR OTHER FINANCIAL
GUARANTEE AFTER THE APPROVAL OF THE PLAT SHALL BE CON-
SIDERED DEDICATED UP0.N THEIR APPROVAL AND ACCEPTANCE AND
RELEASE OF THE BOND OR OTHER GUARANTEE.
C. MAINTENANCE CHARGE: IN ORDER TO PROVIDE FOR THE FURTHER
COST OF S.TABILIZING OPEN DRAINAGE SWALES SUBSEQUENT TO
THEIR INSTALLATION, T.HE SUBDIVIDER SHALL PAY A FEE OF
$.20 PER LINEAL FOOT OF SUCH DRAINAGE SWALE IN THE SUB-
DIVISION.
H. DSPECTION AND "ATION FEES: PAY ALL OF THE CITY'S
ENGINEERING COSTS FOR CHECKING OF PLANS, FIELD CHECKING OF
STREETS AND CONSULTATION.
JECTION VII. PLATS AND ,m
A. hELXMINARY CONSULTATION DATA-: THE FOLLOWING INFORNATION
SHALL BE PROVIDED AT THE TINE OF THE PRELININARY CONSULTATION:
I. GENERAL: INFORNATION INCLUDING DATA ON EXISTING COVENANFS,
LAND CHARACTERISTICS AND AVAILABLE CONNUNITY FACILITIES
AND UTILITIES, AND INFORNATION DESCRIBING THE SUBDIVISION
PROPOSAL SUCH AS NUNBER OF RESIDENTIAL LOTS, TYPICAL LOT
WIDTH AND DEPTH, BUSINESS AREAS, PLAYGROUNDS, PARK AREAS,
AND OTHER PUBLIC AREAS, TREE PLANTING, PROPOSED PROTECTIVE
COVENANTS AND PROPOSED UTILITIES AND STREET IMPROVENENTS.
PAGE 17
2. h"AP: A L,OCATION MAP SHOWING THE RELATIONSHIP
OF THE PROPOSED SUBDIVISION TO EXISTING COHHUNITY FA-
CILITIES WHICH SERVE OR WOULD BE INFLUENCED BY IT, AND
INCLUDING THE DEVELOPNENT NAME AND LOCATION; I¶AIN
TRAFFIC ARTERIES; CHURCHES; TITLE, SCALE, NORTH ARROW
AND DATE.
3. ~OPOSED LAYOUT: A SKETCH PLAN SHOWING IN SIMPLE SKETCH
FORH THE PROPOSED LAYOUT OF STREETS, LOTS AND OTHER
FEATURES IN RELATION TO EXISTING CONDITIONS. THE SKETCH
PLAN MAY BE A FREE HAND PENCIL SKETCH MADE DIRECTLY ON
A PRINT OF THE TOPOGRAPHIC SURVEY.
4. PERCOLATION TESTS AND .SOIL BORINGS: WHERE A PUBLIC SEWAGE
DISPOSAL SYSTEM IS NOT DESIGNATED TO SERVE THE AREA,
OR PRIVATE DISPOSAL SYSTEMS ARE INTENDED FOR INTERIM
USE, THE SUBDIVIDER SHALL AUTHORIZE THE CITY TO TAKE, AT
HIS EXPENSE, SOIL BORINGS AND PERCOLATION TESTS UNDER
STANDARDS ESTABLISHED BY THE STATE BOARD OF HEALTH IF
PLAT. VHERE THE PERCOLATION RATE FOR A LOT OR PARCEL IS
HE DECIDES TO PROCEED WITH SUBNITTAL OF A PRELIMINARY
60 MINUTES OR WORE (TIME FOR TEST WATER TO FALL ONE INCH)
NO BUILDING PERMIT SHALL BE ISSUED FOR THAT LOT OR
PARCEL WHERE CONSTRUCTION OF AN ON-SITE ABSORPTION SEWAGE
DISPOSAL SYSTEM WOULD BE INVOLVED. SAID PROHIBITION
SHALL BE INSCRIBED ON THE LOT OR PARCEL IN THE FINAL
PLAT BY THE SUBDIVIDER IF HE PROCEEDS TO FILE SAID PLAT. ISSUANCE OF A BUILDING PERNIT SHALL ALSO BE PROHIBITED,
ON THE PLAT, WHERE THE PERCOLATION RATE IS 55 TO 60 HI-
AND GRADING PLAN DATA THE COUNCIL MAY WAIVE SUCH PRO-
FUNCTION ADEQUATELY. IN CASES OF PERCOLATION RATES OF 45 'To 54 MINUTES, AND 55 TO 60 MINUTES WHERE THE COUNCIL
AND THE INSCRIPTION OF THE PROHIBITION SIHILARLY REQUIRED
NOTES, EXCEPT THAT UPON DETAILED REVIEW OF SOIL BORINGS
HIBITION IF IT FINDS SAID DATA INDICATES A SYSTEM WILL
WAIVES THE PROHIBITION OF ISSUING A BUILDING PERNIT,
LOTS OR PARCELS %ITH SUCH PERCOLAZION RATES SHALL BEAR
THE INSCRIPTION POOR PERCOLATION ON THE FINAL PLAT. ADDITIONAL PERCOLATION TESTS MAY BE TAKEN BY THE CITY
AT THE SUBDIVIDER'S EXPENSE UPON COHPLETION OF FINISH
SUBDIVISION GRADING.
B. PRELIMINARY PLAT:
1. THE PRELIMINARY PLAT SHALL BE DRAWN WITH WATERPROOF,
NON-FADING, BLACK INK OR LEGIBLY DRAWN WITH PENCIL ON
TRACING CLOTH, OR TRACING PAPER OF GOOD QUALITY AT
SCALE OF 200 FEET TO AN INCH AND SHALL SHOW ACCURATELr
ON ITS FACE:
A. THE DATE, SCALE AND NORTHPOINT.
B. THE PROPOSED SUBDIVISION NANE, WHICH SHALL NOT
DUPLICATE THE .NAHE OF ANY PLAT PREVIOUSLY RECORDED?
IN WAUKESHA COUNTY.
PAGE 18
c. THE NANE AND ADDRESS OF THE OWNER, THE SUBDIVIDER,
AND THE ENGINEER, PLANNER OR SURVEYOR PREPARING THE
PLAT.
D. LOCATION OF THE SUBDIVISION BY GOVERNNENT LOT,
QUARTER-QUARTER SECTION, SECTION, TOWNSHIP, RANGE
AND COUNTY.
E. A SMALL SCALE DRAWING OF THE SECTION OR GOVERNMENT
SUBDIVISION OF :THE SECTION IN WHICH THE SUBDIVISION
LIES WITH THE LIDCATION OF THE SUBDIVISION INDICATED
THEREON.
F. THE EXACT LENGTH AND BEARING OF THE EXTERIOR BOUNDARIES
OF THE SUBDIVISXON.
G. LOCATION AND NAlYES OF ADJACENT SUBDIVISIONS AND THE
OWNERS OF ADJOINING PARCELS OF UNSUBDIVIDED LAND.
X. ZONING ON AND ARJACENT TO THE SUBDIVISION.
I. LOCATION, WIDTH:; AND NANES OF ALL EXISTING AND PLATTED
STREETS, ALLEYS:, OR OTHER PUBLIC WAYS AND EASENENTS,
RAILROAD AND UTXLITY RIGHT-OF-WAYS, PARKS, CEMETERIES,
WATER COURSES, DRAINAGE DITCHES, PERNANENT BUILDINGS,
BRIDGES, AND OTHER PERTINENT DATA AS DETERMINED BY
THE PLAN CONMISSION.
J. THE WATER ELEVAIl'IONS OF ADJOINING LAKES OR STREAMS
AT THE DATE OF !PHE SURVEY AND THE APPROXIMATE HIGH AND
LOW WATER ELEVAIPIONS OF SUCH LAKES OR STREANS.
K. IF THE SUBDIVISION BORDERS A LAKE OR STREAN, THE
DISTANCES AND BlPARING ON A MEANDER LINE ESTABLISHED
NOT LESS THAN 21) FEET BACK FROM THE ORDINARY HIGH
WATER NARK OF THE LAKE OR STREAN.
L. LAYOUT, WIDTH AND APPROXIMATE GRADES OF BUILDING SITES
AND ALL NEW STREETS AND RIGHT-OF-WAYS, SUCH AS ALLEYS,
HIGHWAYS, EASEMXNTS FOR SEWERS, WATER NAINS, AND OTHER
PUBLIC UTILITIES, AS WELL AS THE FLOW AND DETENTION
OF SURFACE WATERS INCLUDING PEAK STORN LOADS.
N. DIRECTION AND DXSTANCE TO NEAREST WATER AND SEWER MAINS.
N. APPROXIMATE DIMENSIONS AND AREAS OF LOTS.
0. APPROXINATE LOCATION AND AREA OF PROPERTY PROPOSED
TO BE DEDICATED FOR PUBLIC USE OR TO BE RESERVED
BY DEED COVENANT' FOR USE OF ALL PROPERTY OWNERS IN
THE SUBDIVISION WITH THE CONDITIONS, IF ANY, OF SUCH
DEDICATION OR RlPSERVATION.
PAGE 19
P. CONTOURS AT 2 FOOT INTERVALS OR AT MORE FREQUENT
INTERVALS IF REQUIRED BY THE PLAN COMMISSION FOR LAND
OF UNUSUAL TERR.AIN CHARACTERISTICS. ALL PERTINENT
CITY OF MUSKEGO DATUN.
ELEVATIONS SHOULD BE SHOWN AND SHALL BE BASED ON
Q. LOCATIONS OF SOIL BORINGS (SYMBOL B ) AND PERCOLATION
TESTS (SYNBOL P”) TAKEN BY THE CITY UNDER SEC. VII.
/I I/
I1
A. 4.
2. THE AREA FOR WHICH SUCH DATA IS TO BE SHOWN SHALL EXTEND
BEYOND THE BOUNDARIES OF THE ACTUAL PROPERTY BEING PLATTED
A DISTANCE WHICH WILL ADEQUATELY RELATE THE PLAT TO ITS
SURROUNDINGS.
C. WL PLA~
1. FTION 236.20: A FINAL PLAT OF SUB-
DIVIDED LAND SHALL COMPLY WITH THE REQUIRENENTS OF
SECTION 236.20, VISCONSIN STATUTES, WHICH IS HEREBY
ADOPTED BY REFERENCE.
2. JEGIBILITY OF AFFIDAVITS: THE AFFIDAVITS AND CERTIFICATES
REQUIRED BY CHAPTER 236, WISCONSIN STATUTES, SHALL BE
LETTERED OR PRINTED LEGIBLY WITH BLACK INK OR TYPED
LEGIBLY WITH BLACK RIBBON ON THE FINAL PLAT.
3. PUPLICATE TRACING: A DUPLICATE TRACING ON CLOTH OF THE
FINAL PLAT SHALL BE FILED WITH THE CITY ENGINEER, TO-
GETHER WITH A REDUCED COPY AT 1 INCH EQUALS 200 FEET.
-TES AND OPEN SPACES
IN ORDER THAT ADEQUATE OPEN SPACES AND SITES FOR PUBLIC USES
NAY BE PROPERLY LOCATED .AND PRESERVED AS THE CONNUNITY DEVELOPS;
AND IN ORDER THAT THE COST OF PROVIDING THE PUBLIC SCHOOL,
PARK AND RECREATION SITES AND FACILITIES NECESSARY TO SERVE THE
ADDITIONAL FANILIES BROUGHT INTO THE COMNUNITY BY SUBDIVISION
DEVELOPMENT MAY BE HOST .EQUITABLY APPORTIONED ON THE BASIS OF
THE ADDITIONdL NEED CREATED BY THE INDIVIDUAL SUBDIVISION
DEVELOPNENT, THE FOLLOWING PROVISIONS ARE ESTABLISHED:
A. -PATION OF POTENTJAL SITES:
1. DESIGN CONSIDERATL~: IN THE DESIGN OF THE PLAT, CONSI-
DERATION SHALL BE GIVEN TO THE ADEQUATE PROVISION OF AND
CORRELATION WITH SUCH PUBLIC SITES OR OPEN AREAS.
2. RESERVATION MAY BE-: WHERE IT IS DETERMINED BY
THE PLAN COMMISSION THAT A PORTION OF THE PLAT IS RE-
QUIRED FOR SUCH PUBLIC SITES OR OPEN SPACES, THE SUB-
DIVIDER MAY BE REQUIRED TO RESERVE SUCH AREA FOR A
PERIOD NOT TO EXCEED TWO YEARS, AFTER WHICH THE CITY
SHALL EITHER ACQUIRE THE PROPERTY OR RELEASE THE RESER-
VATION.
PAGE 20
SECTION IX. SUBDIVISIONS CREATED BY SUCCESSIVE DIVISIONS
A. SUCCESSIVE DIVISION^:
1. ASSESSOR'S PLAT: WHERE IT IS NOT PRACTICAL TO REQUIRE
THAT A FINAL PLAT OF A SUBDIVISION CREATED BY SUCCESSIVE
DIVISIONS BE FILED IN ACCORDANCE WITH THIS ORDINANCE, THE
COMMON COUNCIL MAY IN LIEU THEREOF ORDER AN ASSESSOR'S
PLAT TO BE MADE UNDER SECTION 70.27 OF THE WISCONSIN
STATUTES AND MAY ASSESS THE COST THEREOF AS PROVIDED IN
SUCH SECTION, OR TO THE SUBDIVIDER.
2. REASONABLE COMPLIAN~: REGARDLESS OF THE TYPE OF PLAT
FILED, ANY SUCH SUBDIVISION >SHALL COMPLY WITH ALL PROVISIONS
OF THIS ORDINANCE TO THE EXTENT THAT THEY MAY BE REASONABLY
APPLIED.
SECTION X. EXISTING SUBSTAJDARD LOTS
A. CONVEYANCE RESTRICTED.: IN THE CASE OF A LOT OF RECORD AT
CONFORM TO THE ZONING REGULATIONS OF THE CITY, AND WHICH
THE TINE OF THE PASSAGE OF THIS ORDINANCE WHICH DOES NOT
ADJOINS ALONG A SIDE LOT LINE PROPERTY HELD IN THE SAME
OWNERSHIP, NO SUCH LOT SHALL BE CONVEYED TO ANOTHER OWNER
NOR SHALL A BUILDING PERMIT BE ISSUED FOR A STRUCTURE ON
SUCH A LOT EXCEPT IN CONFORMITY WITH THE FOLLOWING:
1. PETITION FOR DETERMINATION: THE OWNER OF SUCH SUBSTANDARD
LOT MAY AT ANY TINE PRIOR TO THE PROPOSED CONVEYANCE OF
SUCH LOT OR REQUEST FOR BUILDING PERNIT, PETITION THE
CITY FOR DETERMINATION AS TO THE STATUS OF SUCH LOT.
2. REFERRAL TO PLAN CONNISSION: SUCH PETITION SHALL BE
REFERRED TO THE PLAN COMMISSION FOR STUDY TO DETERNINE
THE PRACTICAL POSSIBILITY OF A REDIVISION OF SUCH OWNER-
SHIP TO PROVIDE LOTS WHICH WILL BE IN CONFORMITY TO THE
ZONING REGULATIONS OF THE CITY.
* 3. TIME LIMIT: THE PLAN COMMISSION SHALL MAKE ITS RECON-
MENDATION TO THE COMMON COUNCIL WITHIN 40 DAYS OF THE
DATE THE PETITION WAS RECEIVED AND THE CONMON COUNCIL
SHALL ACT WITHIN 20 DAYS TO GIVE THE PETITIONER A
DETERMINATION,
4. CRITERIA: THE PLAN COMMISSION IN MAKING ITS RECOMMEN-
DATION AND THE CONMON COUNCIL IN MAKING ITS DETERMINATION
SHALL GIVE CONSIDERATION, ANONG OTHERS, TO THE FOLLOWING
FACTORS:
PAGE 21
A. .cOMPATIBILITr: :rHE SIZE, QUALITY, AND CHARACTER OF
EXISTING LOTS AND BUILDING DEVELOPKENT IN THE
IMMEDIATE AREA WITH A VIEW TO KAINTAININC COHPATI-
BILITY AND PROTJCCTING EXISTING VALUES.
B. SEWAGE DISPOSAL.: WHERE PUBLIC SEWER IS NOT AVAILABLE,
THE LOT SIZE NECESSARY TO INSURE SAFE SEWAGE DISPOSAL.
c. ~ACTICABILITY: THE ECONOKIC AND ENGINEERING PRACTI-
CABILITY OF ANY POSSIBLE REDIVISION.
D. BARDSHIP: THE DEGREE OF PRACTICAL HARDSHIP WHICH MAY
BE IMPOSED UPON THE OWNER.
5. METHOD OF REDIVISI~LXJ SUCH REDIVISION HAY BE ACCOWPLISHED
AS IS mOST APPROPR.TATE BY:
A. VACATION AND RE.PLATTING OF ALL OR A PART OF A RECORDED
PLAT.
B. COKBINING OF LOTS OR PARTS OF LOTS.
C. REDEFINING OF LOT LINES BY A PLAT OF OTHER DIVISIONS" ll
AS PROVIDED BY SECTION B. OF THIS ORDINANCE.
B. DETERMINATION OF OWNE,~: FOR THE PURPOSE OF THIS SECTION,
LOTS AND PROPERTY SHALL BE CONSIDERED IN THE SAKE OWNERSHIP
WHEN OWNED BY: THE S.AME INDIVIDUAL OR CORPORATION; AN
INDIVIDUAL AND ANOTHER IN JOINT TENANCY, OR AS TENANTS IN
COXMON, AND EITHER OF SAID JOINT OR COKHON TENANT OR TENANTS
OWNS OTHER LOTS INDIVIDUALLY OR AS JOINT TENANT OR TENANT
IN COKHON WITH AN0THE.R; AN INDIVIDUAL AND OTHER LOTS ARE
OWNED BY HIS SPOUSE, PARENTS, GRANDPARENTS, CHILDREN,
GRANDCHILDREN OR THE SPOUSE OF ANY CHILD OR GRANDCHILD,
OR A BROTHER OR SISTER OR SPOUSE OF A BROTHER OR SISTER
OF SUCH PERSON; AND WHEN ANY OF SAID LOTS ARE OWNED BY AN
INDIVIDUAL AND OTHER LOTS ARE OWNED BY A CORPORATION IN WHICH
SAID INDIVIDUAL IS AN OFFICER OR DIRECTOR OR CONTROLLING
STOCKHOLDER.
.' FOR CONSTRUCTION OF HIGHVAY OB DRIVEWAY TO:
0
A. *RWIT l&o -. WIRED: NO PERSON, FIRW OR CORPORATION SHALL CON-
STRUCT OR PERUIT TO BE CONSTRUCTED WITHIN THE CITY ANY
PRIVATE HIGHWAY OR DRIVEWAY ARRANGED OR PLANNED TO SERVE
KORE THAN ONE PARCEL OF LAND USED FOR RESIDENTIAL PURPOSES,
UNLESS A LICENSE OR PERKIT SHALL FIRST BE OBTAINED FROK THE
CITY CLERK.
0
PAGE 22
B. APPROVAL: No SUCH LICENSE OR PERMIT SHALL BE ISSUED UNTIL
THE PLANS AND SPECIFICATIONS FOR SUCH HIGHWAY OR DRIVEWAY
SHALL BE APPROVED BY :THE CITY ENGINEER AS TO SPECIFICATIONS,
AND BY THE CONMON COUNCIL AFTER REFERENCE OF SUCH MATTER
TO THE CITY PLAN COMM.rSSION AS TO LOCATION, WIDTH, AND
GENERAL PLAN.
SECTION XII. VARIANCES
WHEN, IN THE JUDGMENT OF THE COMMON COUNCIL, AFTER RECEIVING
THE RECONKENDATION OF THE PLAN COKXISSION, IT WOULD BE INAPPRO-
PRIATE TO APPLY LITERALLY A PROVISION OF THIS ORDINANCE BECAUSE
EXTRA-ORDINARY HARDSHIP >WOULD RESULT, IT NAY WAIVE OR VARY
SUCH PROVISIONS so THAT SUBSTANTIAL JUSTICE mr BE DONE AND
THE PUBLIC INTEREST SECURED, PROVIDED THAT IN NO EVENT SHALL
THE REQUIREMENT OF FILIN'C AND RECORDING THE PLAT OR SURVEY
mr BE WAIVED.
SECTION XIII. C0NPLIANC.L
NO BUILDING OR OCCUPANCY PERNIT SHALL BE ISSUED FOR A NEW
BUILDING ON A LOT WHICH DID NOT EXIST AS A DESCRIBED AND
RECORDED PARCEL PRIOR TO THE DATE OF THIS ORDINANCE, OR WAS
NOT CREATED BY RECORDED SUBDIVISION PURSUANT TO STATE STATUTE,
OR BY A RECORDED PLAT PU,RSUANT TO PROVISIONS OF THIS ORDINANCE.
SECTION XIV. PENALTIES AND REMEDIES
ANY PERSON, FIRN, OR CORPORATION WHO FAILS TO CONPLY WITH THE
PROVISIONS OF THIS ORDINANCE SHALL, UPON CONVICTION THEREOF,
FORFEIT NOT LESS THAT $25.00 NOR NORE THAN $200. 00 AND THE COSTS
OF PROSECUTION FOR EACH VIOLATION, AND IN DEFAULT OF PAYMENT
OF SUCH FORFEITURE AND COSTS SHALL BE IMPRISONED IN THE COUNTY
JAIL UNTIL PAYNENT THEREOF, BUT NOT EXCEEDING 30 DAYS. EACH
DAY A VIOLATION EXISTS OR CONTINUES SHALL CONSTITUTE A SEPA-
236, uISCONSIN STATUTES SHALL BE AVAILABLE TO THE CITY.
RATE OFFENSE. IN ADDITION, THE REMEDIES PROVIDED BY SECTION
SECTION XV. SEVERABILITY OF PROVISIONS
IF ANY SECTION, SUBSECTION, SENTENCE, CLAUSE OR PHRASE OF THIS
ORDINANCE IS FOR ANY REASON HELD TO BE INVALID OR UNCONSTI-
TUTIONAL BY REASON OF ANY DECISION OF ANY COURT OF COPIPETENT
JURISDICTION, SUCH DECISION SHALL NOT AFFECT THE VALIDITY OF
ANY OTHER SECTION, SUBSECTION, SENTENCE, CLAUSE, OR PHRASE OR
PORTION THEREOF. THE COMNON COUNCIL HEREBY DECLARES THAT THEY
WOULD HAVE PASSED THIS ORDINANCE AND EACH SECTION, SUBSECTION,
SENTENCE, CLAUSE, PHRASE, OR PORTION THEREOF IRRESPECTIVE
OF THE FACT THAT ANY ONE OR XORE SECTIONS, SUBSECTIONS,
SENTENCES, CLAUSES, PHRASES, OR PORTIONS THEREOF NAY BE DECLARED
INVALID OR UNCONSTITUTIONAL.
PAGE 23
SECTION XVI. EFFECTIVE
THIS ORDINANCE SHALL TARE EFFECT AND BE IN FULL FORCE AFTER
PLAT FILED WITH THE CITY CLERK PRIOR TO THE EFFECTIVE DATE
ITS PASSAGE, PUBLICATION, AND POSTING, PROVIDED ANY FINAL
HEREOF SHALL BE APPROVED IF IT CONPLIES WITH CHAPTER 236,
VISCONSIN STATUTES OF 1965, AND THE CITY ORDINANCES IN EFFECT
PRIOR TO THE EFFECTIVE DATE HEREOF.
SECTION XVII.
ALL ORDINANCES INCONSISTENT WITH OR CONTRAVENING THE PROVI-
SIONS OF TXIS ORDINANCE dRE HEREBY REPEALED.
PASSED AND ADOPTED Br THE COMMON COUNCIL OF THE CrTr OF
MUSKEGO, WAUKESHA COUNTY, WISCONSIN, THIS ~TH DAY OF MAY,
1967.
COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY, WIS.
BY: MA r OR
ATTEST:
/ CLERK