ORD1993796COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #a
6 (4), CHAPTER 21, OF THE CITY OF MUSKEGO CODE
AN ORDINANCE TO AMEND SECTION 21.22(2), (3)
(SEWER-PERMITS )
THE COMMON COUNCIL OF TEE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION I: Section 21.22(2), (3) and (4) of the Municipal
Code of the City of Muskego is hereby amended to read as follows:
21.22(2): APPLICATION FOR SEWER EXTENSION PERMITS. Any
person who wishes to obtain a sewer extension
permit within the Sanitary District No. 1 of the
Town of Norway contract area of the City must file
with the City an application for a sewer 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 Sanitary District No. 1 of
the Town of Norway contract and it is reasonably
anticipated that the extensions will be
constructed and utilized within the time period
stated in this ordinance.
(3): TERMINATION OF PERMIT.
(a) Except as provided herein, all sewer
extension permits granted under this
the allocation of said capacity shall cease
ordinance shall automatically terminate and
not certified, by a representative appointed
to the extent that said sewer extension is
completely constructed and approved within
by the City to make said certification, to be
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
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
J
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
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 reqaired in
terminate and the allocation of said capacity
subsection (b) above, shall automatically
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 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
subdivider's/developer's agreement for the
next phase of said development. 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 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
to this ordinance shall automatically
-2-
J
terminate and the allocation of said capacity
shall cease on the 31st day of December,
1998.
(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
extension permit as of the date they are
mailed notice of the adoption of this
ordinance. No permit fee will be required
under this subsection. The sewer extension
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
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
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
shall also contain a provision, satisfactory
to the City, indicating that all other sewer
-3-
extension permits granted under this
ordinance, and not secured as required in
subsection (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
constructed and approved within four years of
said certification, to be completely
the execution of the subdivider's/developer's
agreement.
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
subdivider's/developer's agreement for the
next phase of said development. Any such
developer's agreement shali 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.
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 31st day of December,
1998.
SECTION 2: The several sections of this ordinance are
declared to be severable. If any section or portion thereof
shall be declared 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 .
-4-
J
SECTION 3: This ordinance shall be in full force and effect
from and after its passage and publication.
PASSED AND APPROVED THIS 27TH DAY
First Reading 4/13/93
ATTEST : Published on the 6th day -
of May, 1993.
STATE OF WISCONSIN )
Milwaukee Counly )
) ss.
Offfotice
Judith Z'iolkowski being duly sworn.
! I
dolh depose and say lhal he is an authorized represenlalive of ~
The.. . fllrxkc:Ro.Stt~~ . . . . . . . . . . . . . . . . . . . . . . .
a newspaper published at . . . liukesu . . . . . . . . . . . . . . .
Wisconsin and Ihal an adverlisemenl of which Ihe annexed is a
., ,
i
sekrn for that,phase'and shall ah Contain a
proirlsidn.as;pmvided in +acetion (e) above . .
for t$e iemaidig extension permib.
am prOiride&foq in th+elopmenG, *!pit
'(e).Adeyeloper miy:if nd$itiond phases
additional nubdIi-lder'ddevelopeI'n aerse-
APRIL 6. 1997
1
5