ORD20001034COMMON COUNCIL - CITY OF MUSKEG0
ORDINANCE #lo34
AN ORDINANCE AS TO THE IMPLEMENTATION OF
COMM 83
CERTAIN ASPECTS OF WISCONSIN ADMINISTRATIVE CODE 1'
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN DO ORDAIN AS FOLLOWS:
SECTION 1. The Plan Commission adopted Resolution #P.C. 098-2000 on June 6,
2000, making a recommendation to the Common Council of the City of Muskego
regarding the implementation of COMM 83 and the Common Council hereby by this
ordinance wishes to implement said recommendation as follows:
(a) The implementation of Wisconsin Administrative Code COMM 83 is
hereby limited as allowed by COMM 83.04(2)(a) and COMM 83.04(3)(a)
as further set forth in Resolution #P.C. 098-2000, with the following
exceptions:
(1) New COMM 83 systems to serve existing parcels of record, or to
serve new land divisions which are exempt from Muskego Municipal
Code Chapter 18, Land Division Ordinance, for construction of a
single family residence not within the 208 Sewer Service Area, and,
where public sanitary sewer is not considered to be available by the
Public Utilities Committee of the City of Muskego.
SECTION 2: The several sections of this ordinance are declared to be severable. If
any section or portion thereof 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with the provisions of this ordinance are hereby repealed as to those terms that conflict.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 until January 1, 2002.
PASSED AND APPROVED THIS 27th DAY OF June ,2000.
ATTEST
David L. De Angelis, Mayor
First Reading: 6/27/00
Second Reading: 6127100
a&?+& Published on the day of Julv, 2000.
. Resolution #PC 098-2000 Page 1 of2
RESOLUTION #P.C. 098-2000
WHEREAS, The State of Wisconsin has adopted certain revisions to the plumbing code
regarding the use of Private On-Site Wastewater Treatment Systems (POWS), commonly
referred to as COMM 83, and said revisions are scheduled to take effect on July 1, 2000,
and
WHEREAS, certain provisions of COMM 83 may be in conflict with Chapters 16, 17, 18,
and 21 of the Muskego Municipal Code, and adopted Development Standards Manuals,
and
WHEREAS, COMM 83.04(2)(a) states that, "For the purpose of facilitating planning and
administration, a governmental unit may, by ordinance, allot, limit, or deny, until January I,
2003, the issuance of sanitary permits for the construction or use of, within the jurisdiction of
the governmental unit, POWS designs that utilize one or more of the technologoes,
designs or methods delineated in Tab;e 83.04-2, " and
WHEREAS, COMM 83.04(3)(a) states that, "For the purpose of facilitating planning and
administration, a governmental unit may, by ordinance, allot, limit, or deny the issuance of
sanitary permits within fhe jurisdiction of the governmental unit, for the construction or use
of POWS designs that utilize a method or fechnology fhat is added to the list under s.
COMM 83.61 affer July I, 2001, for not more than 18 months affer that type of method or
technology has been recognized under that section. " and
WHEREAS, COMM 83.04(2)(b) and COMM 83.04(3)(b) restrict such allotments, limitations
or denials of sanitary permits to new developments, which for said Sections are considered
to be any property without an existing habitable building.
WHEREAS, The Plan Commission finds that for the purpose of planning and
administration, it is necessary to amend local Codes and policies to reflect the technologies
implemented by COMM83.
THEREFORE BE IT RESOLVED, That the Plan Commission recommends that the
Common Council adopt an ordinance limiting the implementation of COMM 83 as permitted
by COMM 83.04(2)(a) and COMM 83.04(3)(a).
BE IT FURTHER RESOLVED, That the Plan Commission recommends that said ordinance
be effective until January 1, 2002.
Plan Commission
City of Muskego
Adopted: June 6,2000
http://www.ci.muskego.wi.us/plannin~eeting%2Olnfo~lan%20. ./Res-PC-098-2000.ht 06/23/2000