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ORD1993795a COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #- 6 (4), CHAPTER .21, OF THE CITY OF MUSKEGO CODE AN ORDINANCE TO AMEND SECTION 21.21(2), (3) (SEWER-PERMITS) WISCONSIN, DO ORDAIN AS FOLLOWS: THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY, Code of the City of Muskego is hereby amended to read as follows: 21.21(2): APPLICATION FOR SEWER EXTENSION PERMITS. Any person who wishes to obtain a sewer extension must file with the City an application for a sewer permit within the MMSD contract area of the City extension permit in a manner as designated by the City. That said application will be considered by the Public Utilities Committee of the City of Muskego and shall only be granted if the Committee determines that the amount of capacity allocated by the granting of said permit will not jeopardize the ability of the City to comply with the terms and conditions of said MMSD contract and it is reasonably anticipated that the extensions will be constructed and utilized within the time period stated in this ordinance. SECTION I: Section 21.21(2), (3) and (4) of the Municipal (3): TERMINATION OF PERMIT. (a) Except as provided herein, all sewer extension permits granted under this ordinance shall automatically terminate and the allocation of said capacity shall cease to the extent that said sewer extension is by the City to make said certification, to be not certified, by a representative appointed completely constructed and approved within one year of the granting of said permit. (b) Any sewer extension permits granted under this ordinance may be extended beyond the one year period specified in subsection (a) above the period is extended by a if, prior to the end of said one year period, subdivider's/developer's agreement entered the City. Said extension shall only be into between the holder of said permit and granted if installation of the sewer credit or, when not prohibited by other extensions is secured by either a letter of ordinances or resolution of the City, other security deemed appropriate by the City. Said letter of credit or security shall be sufficient to ensure the installation of the sewer extension under terms and conditions the development covered by the satisfactory to the City for that phase of subdivider's/developer's agreement. (c) Any subdivider's/developer's agreement entered into pursuant to subsection (b) above to the City, indicating that all other sewer shall also contain a provision, satisfactory extension permits granted under this ordinance, and not secured as required in terminate and the allocation of said capacity ' subsection (b) above, shall automatically extension is not certified, by a shall cease to the extent that said sewer representative appointed by the City to make said certification, to be completely constructed and approved within four years of the execution of the subdivider's/developer's agreement. (d) If the development noted above is being developed in phases, then the developer may, within the four year period referred to in subsection (c) above, request that the City enter into an additional next phase of said development. Any such subdivider's/developer's agreement for the developer's agreement shall contain provisions as required in subsection (b) above to secure and ensure installation of sewers for that phase and shall also contain a provision as provided in subsection (c) above for the remaining extension permits. (e) A developer may, if additional phases are provided for in the development, submit additional subdivider's/developer's agreements for additional phases. Any such agreement shall be subject to the same terms and conditions as stated in subsections (b), (c) and (d) above. (f) Notwithstanding any of the above provisions, all sewer extension permits granted pursuant terminate and the allocation of said capacity to this ordinance shall automatically -2- J shall cease on the 20th day of December, 2002. 0 e (4) PERMISSION FOR USE OF SEWER EXTENSIONS PREVIOUSLY GRANTED. (a) As to all sewer extensions that would now be under this section but were approved prior to the initial adoption of Section 21.21 on July 3, 1991, all of the persons or entities granted such permission shall be given notice of the passage of this ordinance and shall be considered to have been granted a sewer mailed notice of the adoption of this extension permit as of the date they are under this subsection. The sewer extension ordinance. No permit fee will be required permit granted under this subsection shall terminate and the allocation of. said capacity shall cease to the extent that said sewer extension is not certified, by a representative appointed by the City to make certification, to be completely constructed and approved within one year of the mailing of the notice of the adoption of this ordinance. (b) Any sewer extension permits granted under this ordinance may be extended beyond the one year period specified in Subsection (a) above if, prior to the end of said one year period, the period is extended by a subdivider's/developer's agreement entered into between the holder of said permit and the City. Said extension shall only be granted if installation of the sewer extensions is secured by either a letter of credit or, when not prohibited by other ordinances or resolution of the City, other security deemed appropriate by the City. Said letter of credit or security shall be sufficient to ensure the installation of the sewer extension under terms and conditions satisfactory to the City for that phase of the development covered by the subdivider's/developer's agreement. (c) Any subdivider's/developer's agreement entered into pursuant to subsection (b) above to the City, indicating that all other sewer shall also contain a provision, satisfactory extension permits granted under this -3- A ordinance, and not secured as required in terminate and the allocation of said capacity subsection (b) above, shall automatically extension is not certified, by a shall cease to the extent that said sewer representative appointed by the City to make said certification, to be completely constructed and approved within four years of the execution of the subdivider's/developer's agreement. developed in phases, then the developer may, If the development noted above is being within the four year period referred to in subsection (c) above, request that the City enter into an additional next phase of said development. Any such subdivider's/developer's agreement for the provisions as required in subsection (b) developer's agreement shall contain above to secure and ensure installation of sewers for that phase and shall also contain a provision as provided in subsection (c) above for the remaining extension permits. A developer may, if additional phases are provided for in the development, submit additional subdivider's/developer's agreements for additional phases. Any such agreement shall be subject to the same terms and conditions as stated in subsections (b), (c) and (d) above. Notwithstanding any of the above provisions, all sewer extension permits granted pursuant to this ordinance shall automatically terminate and the allocation of said capacity shall cease on the 20th day of December, 2002. declared to be severable. If any section or portion thereof SECTION 2: The several sections of this ordinance are decision shall apply only to the specific section or portion shall be declared to be invalid, unlawful, or unenforceable, such 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 of this ordinance are hereby repealed as to those terms that other ordinance whose terms are in conflict with the provisions conflict . -4- SECTION 3: This ordinance shall be in full force and effect from and after its passage and publication. First Reading 4/13/93 ATTEST : Published on the 6th day of May, 1993. J Official Notice - COMMON COUNCIL CITY OF MUSKEGO AN ORDINANCE TO AMEND SECTION ORDINANCE 11796 21.21(2), (3) BC (4), CHAFTER 21. OF THE CITY OF MUSKEGO CODE (SEWERPERMITS) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN, DO ORDAIN AS FOLLOWS: the Municipal Code of the City of Muskego is SECTION I: Section 21.21(2), (3) and (4) of hereby amended to read as follows: 21.21(2): APPLICATION FOR SEWER EXTENSION PERMITS. Any wmn who wishes to obtain a sewer extiision permit within the MMSD contract area of the City must fie with the City an application for a sewerextensionpermitinamannerasdesig- nated by the City. That said application will be considered bythePublic Utilities Commit- tee of the City of Muskego and shall only be granted ifthe Commitee determines that the amount ofcapacity alloeated by the granting ofaaidpermitwillnotjeopardizetheabilityof the City to comply with the terms and condi- nably anticipated that the extensions will be tions of said MMSD contract and it is reaso- iod stated in this ordinance. constructed and utilized within the time per- (a) Except as provided herein, all sewer ex- (3): TERMINATION OF PERMIT. shall automatically terminate and the alloca- tensionpermitsgrantedunderthisordinance tion of said capacity shall cease to the extent thatsaidsewerextensionisnotcertified,bya repreaentative appointed by the City to make said cartifieation. to be completely con- granting of said permit atructnd and approved within one year of the (b) Any sewer extension permita granted under this ordinance may be extended bey- ond the one year period apedfed in subaec- tion (a) above if, prior to the end of aaid one year period, the period is eatended by a aubdi- viddddeveloper's agreement entered into between the bolder of aaid permit and the City. Said extenaion shd only be granted if installation of the sewer extensions is sec- ured by either a letter of mdit or. when not of the City, other aecuriiq deemed appropri- prohibited by other ordinances or reaolntion urityshallbesufficienttoenauretheinstalla- ate by the City. Said letter of credit or sec- tion of the sewer exteunion under terms and conditions satisfactory to the City for that phase of the development mvered by the sub- dividefddeveloper's agreement (c)Anyaubdivider'ddeveloper'sagreement entered into pursuant to subsection (b) above the City, indicating that all other sewer ex- ahd also contain a provision, satisfactory tc nance. and not secured as required in subsec- tension permita granted under this ordi- tion (b) above, shall automatically terminate and the allocation of said capacity shall cease to the extent that said sewer extension is not certified;by a repreaentative appointed by the City to make said certification, to be com- pletelyconatructed and approved within four years of the execution of the subdi- vider'ddevelopefs agreement. (d) Ifthe development noted aboveis being developed in phaees. then the developer may. within the four year period referred toin sub- section (e) above, request that the City enter into an additional subdivider'ddevelopfs agreement for the next phase ofsaid develop- ment. Any such developer's agreement shall contain provisions as required in subseetion (b) above to secure and ensure installation of sewera for that phase and shall also contain a provision BB provided in subsection (e) above for the remaining extension permits. (e) A developer may. if additional phases are provided for in the development, submit ments for additional phases. Any such agree- additional subdivider'ddeveloper's agree- conditions as stated in subsections @), (e) and ment shall be subject to the same terms and (d) above. sions, all sewer extension permita granted (~Notwithstandinganyaftheeboveprovi- pursuant to this ordinance shall automati- cally terminate and the allocation of said ca- pacity shall cease on the 20th day of Decem- SECTION 3: This ordinance shall be in full ber, 2002. foreeandeffectfromandaReritapassageand EXTENSIONS PREVIOUSLY G-D. PASSED AND APPROVED THIS 27TH now be under this section but were approved prior to the initial adoption of Section 21.21 David L. De Angelis, Mayor on July 3,1991, all of the persona of entities First Reading 4/13/93 granted such permission shall be given notice Published on the 6th day of the passage of this ordinance and shall be A~ST: of May, 1993. considered to have been granted a sewer ex- city Clerk tension permit p of the date they are maile notice of the adoption of this ordinance. NL permit fee will be required under this subsec tion. The sewer extension permit granteo under this subsection shall terminate and the elloeation of said capscityahall cease to the extent that said sewer extension is not certi- fied, by a representative appointed by the City to make certifcation, to be completely constructed and approved within one year of the mailing of the notice of the adoption of this ordinance. under this ordinance may be extended bey- (b) Any sewer extension permits granted ond the one year period specified in Subsec- year period, the period is extended by a subdi- tion (a) above if, prior to the end of said one vider'ddeveloper's agreement entered into between the holder of said permit and the installation of the sewer extensions is sec- City, Said extension shall only be granted if ured by either a letter of credit or, when not prohibited by other ordinances or resolution of the City, other security deemed appropri- ate by the City. Said letter of credit or sec- i tion of the sewer extension under terms and urityshallbesufficienttoensuretheinstella- 1 conditions satisfactory to the City for that phase of the development covered by the sub- divider'ddeveloper's agreement. entered into pursuant tu subsection (b) above (c)Anysubdivider'ddeveloper'sagreement shall also contain a provision, satisfactory to the City, indicating that all other newer ex- tension permits granted under this ordi- nance. and not secured as required in subsec- tion (b) above, shall automatically terminate and the allocation of said capacity shall cease to the extent that said sewer extension is not certified, by a representative appointed by the City to make said certification, to be com- pletely constructed and approved within four (4) PERMISSION FOR USE OF SWR (a) ks to all sewer extensions that would DAY OF APRIL, 1993, " gears of the execution of the subdi- vidsr'ddeveloper's agreement. (d) If the development noted above Is being within the four year period referred to in sub developed in phases, then the developer may, &on (e) above, request that the City enter into an additional subdivider'ddevelopefs agreement for the next phase of said develop- ment. Any such developer's agreement shall contain provisions as required in subsection (b) above to secure and ensure installation of sewers for that phase and shall also cnntain a provision ae provided in subsection (c) above for the remaining extension permita. are provided for in the development, submit (e) A developer may, if additional phaees additional subdivider'ddevelopefs agree- menta for additional phases. Any such agree- ment shall be subject to the same terms and conditions as stated in subsections 6). (e) and (d) above. (nNotwithstandinganyoftheaboveprovi- siona, all aewer extension permits granted pursuant to this ordinance shall autamati- ally terminate and the doeation of aaid ca- pacity shall -e on the 20th day of Decem- ber, 2002. SECTION 2. The several sections of this ordinance are declared to be severable. If any aection or portion thereof shall be declared to be invalid. unlawful. or unenforceable, such decision shall apply only to the specific set- tionorportionthereofdirectlyspeeifiedinthe decision, and not.affect the validity Of all other provisions, sections, or portion thereof of the ordinance which shaU remain in full force and effeect. Any other ordinance whose terms are in conflict with the provisions of thisordinanceareherebyrepealedastothose terns that conflict. -