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ORD1980407ORDINANCE #407 AN ORDINANCE TO AMEND CERTAIN PROVISIONS OF CHAPTER 18 (LAND DIVISION ORDINANCE) OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO e THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLL'OWS: 2.4 IMPROVEMENTS of the Municipal Code is hereby amended to SECTION 1. The: first paragraph of Chapter 18'. Section provide as follows: - . Before approval of any final plat loca'ted within the corporate limits of the City, the subdivider may install street, utility and other public improvements as herein- as required at the time that the final plat-is submitted after provided. If such improvements are not installed for approval, t.he subdivider shall before recording of the final plat enter into a contract with the City agreeing to install the required improvements and shall file.with said contract a letter of credit, cash or certified check meeting the approval of the City Attorney in an amount equal to the estimated cost of 'the improve- ments, said est:imate to be made by the City .Engineer. by the subdivider or his subcontractors not later as a guarantee that such improvements will be completed and as a further .guarantee that all obligations to sub- than one (1) year from the date of .recording of the plat .contractors for work on the development are satisfied. Contractors and subcontractors who .are to be engaged in the construction of street and utility improvements on dedicated street rights-of-way shall be subject to the approval of the City Engineer. SECTION 2. The second paragraph of Chapter 18, Section 3.2 PRELIMINARY PLAT REVIEW of the Municipal Code is hereby amended to provide as follows: The City Clerk shall, within two (2) days after filing, transmit four (4) copies to the City Plan Commission; four (4) copie:; to the Common Council; two (2) copies to the Wisconsin Department of Development; additional of two (2) copies each to the Wisconsin Department of copies to the Department of Development for retransmission Transportation if the subdivision abuts or adjoins a state trunk highway; and .the Wisconsin,,State Department of Health and Social Services if the subdivision is not served by a public sewer and provision for such service has not been made, and the Wisconsin Department of Natural Resources if s'horelands are contained within the proposed subdivision; two (2) copies to the County Clerk, Two (2) copies to the applicable Town Clerk if the subdivision lies within the extraterritorial plat approved jurisdic- tion of the City, two (2) copies to the Southeastern Wisconsin Regional Planning Commission; and two (2) -copies to each affected public and private utility. a a 3.2 PRELIMINARY PLAT REVIEW of the Municipal Code is hereby amended to provide as follows: SECTION.3. The fourth paragraph of Chapter 18, Section .. " The Wisconsin Department of Development, the Wisconsin Department of Transportation, the Wisconsin Department of Natural Resources, and the Wisconsin Department of Health and Social Services shall be hereinafter referred to as objecting agencies. The County Park and Planning Commission designated as an approving agency when the Plat is located in the extraterritorial platapproval jurisdiction of the City and is hereinafter referred to the c0rporat.e limits of the City. The Southeastern Wis- as an objecting agenc'y when the plat is located within consin Regional Planning Commission is an advisory Planning agency created pursuant to Section 66.945 of the Wisconsin Statues in part for the purpose of serving the City and its Commissions, the County and its Commis- sions, Town Board or Commissions and state agencies haviw jurisdiction under the Drovisions of this Ordinance .. - ORDINANCE #407 (continued) Page Two -t SECTION 4. The second paragraph of Chapter 18, Section 3.3 PRELIMINARY PLAT APPROVAL of the Municipal Code is hereby amended to provide as fo1:lows: - 0 The Common Counm-il and the City Plan Commission, within ninety (90) day:; of the date of filing of a Preliminary Plat with the City Clerk, shall approve, approve conditionally, nor reject iuch Plat, unless the time is extended by agreement with the subdivider. One copy c a with the date and action endorsed thereon; and if the Plat shall thereupon be returned to the subdivider approved conditionally or rejected, a letter setting " jection shall accompany the Plat. One copy each of the forth the conditions of approval or the reasons, for re- Plat and letter shall be placed in the Common Council and City Plan Commission permanent files. SECTION 5. The third paragraph of Chapter 18, Section 3.3 PRELIMINARY PLAT APPROVAL of the Municipal Code is hereby amended to provide as follows: Failure of the Common Council or the City Plan Commission to act within ninety (90) days of the date of filing or within the times as extended by agreement with the subdivider, shall constitute an approval. 0 SECTION 6. The second paragraph of Chapter 18, Sectizn 3.4 FINAL PLAT REVIEW of the Municipal Code is hereby amended to provide as follows: The City Clerk shall, within two (2) days after filing, transmit four (4) copies t6 the City Plan Com.ission, four (4) copies to the Cormnon Council, two (2) copies to the Wisconsin Departceut of Development; additional copies to the Ilepartment of Development for re-transmission Transportation if the subdivision abuts or adjoins a of two' (2) copies each to the Wisconsin Department of Health and Soci.al Services if the subdivision is not state~trunk hiE;hway, and the Wisconsin Department of has not been made, and the Wisconsin Department of served by a public sewer and provision for such service Natural Resources if shorelands are contained within the proposed subdivision; two (2) copies to the County Clerk; two (2) copies to the applicable Town Clerk, if the subdivision lies within the extraterritorial plat approval jurisdiction of the City and two (2) copies a- to each affected public or private utility. The County is designated as an approving agency when the plat is located in the extraterritorial plat approval jurisdic- tion of the city and is hereinafter referred to as an objecting agency when the plat is located within the the town wherein the plat is located, when the subdivision corporate limits of the City. The Common Council and is located in the extraterritorial plat approval juris- diction of the City, are designated approving agencies. The Wisconsin Department of Development, the Wisconsin of Health and !;ocial Services and the Wisconsin Depart- Department of Transportation, the Wisconsin Department ment of Natura'L Resources shall be hereinafter referre) to- as- objecting agencies. SECTION 7. Chapter 18, Section 11 .O DEFINITIONS of the- Municipal Code, subsection entitled "Surety Bond" is hereby repealed and recreated twread as follows: 1 Financial Guarantee: A letter of credit, cash or -a certified check guaranteeing performance of a contract or obligation through possible forfeiture of the letter of credit, cas:? or certified check if said contract or obligation is unfilled by the subdivider. . a L .a (- - e . e- ORDINANCE #407 (continued) Page Three SECTION 8. All ordinances.or parts of ordinances inconsistent with or contravening this ordinance are hereby repealed. SECTION 9. This ordinance shall be in .full force and PASSED AND APPROVED THIS DAY OF QL~. , 1980. effect from and after its 'passage and publication. ATTEST : City Clerk 11/80 jm I J STATE OF WISCONSIN ) ss. ORDINANCE'NO: 47. .- LOUISE ME _. being duly sworn, (10th depose and say that he is an authorized representative of 'rhe .h:Uskeg.o. .Sun. ....................... ;) newspaper published at .. ~U.sk.e.5l2 ............. leisconsin and that an advertisement of which the annexed is a I:rue copy, taken iro . was published therein on ...... ............. .. ........... .. ... ............... ........ ...... ....... ...... BOOKKEEP.ER, Feb, .13 1983 . ........ mng agsncies:' r...-*"7..".r...r.i-r SECTION 7. chapter 18. Section 11.0 DEFINITIONS;O~ the Municipal Code, sub- sectioti enfitled.'*Surety -Bond" is hereby repealed'and recreated to read-as.follows: Financial Guaran1ee:'A letter.of credit. fosniance .of. a,' contract or obligation cash or 'certified check guaranteeing per- thruugh possible forfeiture of the letter of credit, cash or.certified.check if said con- trgct or obligation is..unfilled by the sub- . divider: dinances inconsistent with or contravening .SECTION 8.'All ordinances.qr parts-of or- &is 0rdinanc.e aie,hereby repealed. .SECTION 9. This ordinance shall be in full .force.and effectfrom and after its.passage and publication. ,,.. ' P4SSED ANDGAPPROVED THIS 21 DAY L OF,D~ece,mber,~~lS8O~'-. :i'. ' IsIJerorne J,.Cottrried. Mayor ~TTEST: lsiCharlotte Stewart, City Clerk ._. .~. . ., .