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ORD1993779COMMON COUNCIL - CITY OF MUSKEGO AMENDED ORDINANCE #779 AN ORDINANCE TO AMEND CHAPTER 18, SECTION 2.6, OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO Land Suitability THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS: of the City of Muskego, Wisconsin, is hereby amended to read as SECTION 1: Chapter 18, Section 2.6 of the Municipal Code follows: 2.6 LAND SUITABILITY No land shall be subdivided for any use which is determined to be unsuitable for such a use by the City Plan Commission, upon the recommendation of the City Engineer or any other agency as determined by the City Plan Commission, for reason of flooding, inadequate drainage, adverse soil or rock formations with severe unfavorable topography, inadequate water supply or sewage limitations for development, severe erosion potential, disposal capabilities, or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision or of the City. In addition: (A) Floodlands. 1. 2. 3. No lot served by public sanitary sewerage facilities shall have less than its required lot area, as specified in the Zoning District Regulations, below the elevation of the not available, the elevation shall be determined by a 100-year recurrence interval flood, or where such data is Registered Professional Engineer and the sealed documents shall be approved by the City Engineer. For Planned Development projects served by public sanitary sewerage facilities, no lot shall have less than the average lot area, as specified by the Plan Commission, below the elevation of the 100-year recurrence interval flood, or where such data is not available, the elevation shall be determined by a Registered Professional Engineer and the sealed documents shall be approved by the City Engineer. No lot of one (1) acre or less in area served by an on-site sanitary sewage disposal (septic tank or mound) system shall include floodlands. All lots more than one (1) acre in area served by a septic tank system or mound system shall contain not less than 40,000 square feet of land which is at an elevation above the elevation of the one data is not available the elevation shall be determined by hundred (100) year recurrence interval flood or, where such a Registered Professional Engineer and the sealed documents shall be approved by the City Engineer. J Ordinance #I19 i Page 2 __ declared to be severable. If any section or portion thereof SECTION 2: The several sections of this ordinance are 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 are hereby repealed as to those terms that conflict. SECTION 3: This ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS 23RD DAY OF FEBRUARY , 1993. ATTEST : First Reading 1/12/93 Deferred & Referred Back to Committee 1/26/93 Rules, Laws & Ordinance Deferred 2/9/93 Published on the 4th day of March, 1993. 1/<3jmb STATE OF WISCONSIN ) Milwaukee County ) . ) ss. Off iF4lblotice THE COMMON COUNCIL OF THE CITY Land Suitability OF MUSKEGO. WISCONSIN. DO ORDAIN AS FOUOWS:' Municipal Code of the City ofMuskego, Wis- SECTION 1: Chapter 18, Section 2.8 of the consin, is hereby amended to read as follows: 2.6 LAND SUITABILITY which is determined to be unsuitable for such No land shall be subdivided for any use a use by the City Plan Commission, upon the recommendation of the City Engineer or any other agency as determined by the City Plan Commission, for reason of flooding, inadequ- ate drainage, adverse soil or rock formations vere erosion potential, unfavorable topogra- with severe limitations for development, se- phy, inadequate water aupply or sewage dis- posal capabilities. or any other feature likely to be harmful to the health, safety, or welfare ofthe future residents of the proposed subdi- vision or of the City. In addition: (A) Floodlands. 1. No lot served by public sanitary sewer- age facilities shall have less than its required Regulations, below the elevation of the lot area, aa specified in the Zoning District 100-year recurrence interval flood, or where such data is not available, the elevation shall be determined by a Registered Rofeasional Engineer and the sealed documents shall be approved by the City Engineer. 2. Foi -Planne$ .,D+Iap t t ' e &id ti$ piblic dw Bd@d &%& ...... no lot nh@ have 1es.than the aver- lot area, ab specified by the plan Commfaaion. renee interval flood, or where such data is not below the elevation of the 100-year rem- by a Registered Rofessional Engineer and available. the elevation shell be determined the sealed documents shall be approved by the City Engineer. 3. No lot of one (1) acre or less in mea servedbyanon-sitesenitarysewagedisposal floodlands. AU lots more than one (1) acre in (septic tank or mound) system shall include area served by a septic tank system or mound system shall contain not less than 40,000 nquare feet of land which is at an elevation yearremrrenceinterval flood or. wheresuch above the elevation of the one hundred (100) data is not available the elevation shall be de. termined by a Registered Professional Engi- neer and the sealed doeumenta shall be ap- proved by the City Engineer. ordinance are declared to be severable. If any SECTION 2 The several sections of this section orportion thereofshall bedeclared by a decision of a court ofwmpetent juriadiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the spdc section or portion thereof directly specifled in the decision. and not dect the validity of all of the ordinance which ehall remain in full other provisions. mtions. or portion thereoff force and effect. Any other ordinance whose this ordinance are hereby repealed as to those terms are in conflict with the provisions of terrhs that conflict. force and effect from and aRer ita passage and SECTION 3: This orpinance shall be in full Dublieation. . ~~~~~ ~~ PASSED AND APPROVED THIS 23RD Wayne G. Salentine. DAY OF FEBRUARY, 1993. . Mayor - Firat Reading V12/93 Deferred & Referred Beck to Rules. Laws & Ordinance Committee U26l93 Deferred 2/9/93 ATTEST: Id Jean K Marenda City Clerk Published on the 4th day of March, 1993. U93ljmb Judith Ziolkowski being duly sworn, dolh depose and say lhal he is an authorized representative of The.. . Ntcikcao .SuII.. ....................... a newspaper published al ... Muskego. .............. Wisconsin and thal an advertisement of which the annexed is a ltue copy, laken from said paper, was published lherein on . ......................... ........................... ?6;;, <, ", F,h" .. : ........... : .'? 1.4 ........ ........................... ........................... /7 .,#."..?. , i".'" n ...... -.-:: .7. .................... U ii A" Y BOOKKEEPER. ,- .a Subscribed and sworn lo belorep this . . ........ q* day of .................. COMMON COUNCIL - CITY OF MUSKEG0 ORDINANCE #779 Land Suitability WISCONSIN, DO ORDAIN AS FOLLOWS: of the Municipal Code by amended to read as 2.6 LAND SUITABILITY ich is determined to be Commission, upon the r reason of flooding, other agency as formations with severe upply or sewage n potential, e likely to be harmful sidents of the (A) Floodlands. No lot served by public sanitary sewerage less than 50 percent of its required lot the Zoning District Regulations, below an (2) feet above the elevation of the 100- buildable portion of the lot be less tha the Ordinary High Water Mark, however, a sewage disposal (septic tank or mound) s floodlands. All lots more than one (1) septic tank system or mound system shall 40,000 square feet of land whic'h is at a (2) feet above the elevation of the 100- flood, or where such data is not availab the elevation of the Ordinary High Water Mark. ~ flood, or where such data is not availab I lot of one (1) acre or less in area serv I declared to be severable. If any section or portion SECTION 2: The several sections of this ordinance 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 other ordinance whose terms are in conflict with the provisions the ordinance which shall remain in full force and effect. Any of this ordinance are hereby repealed as to those terms that conflict. Ordinance #179 SECTION 3: This ordinance shall be in full force and effect from.and after its passage and publication. PASSED AND APPROVED THIS DAY OF , 1993. I Wayne G. Salentine, Mayor First Reading 1/12/93 Deferred & Referred Back to Committee 1/26/93 Rules, Laws & Ordinance Deferred 2/9/93 ATTEST : City Clerk 1/93jmb Published on the - day Of , 1993.