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ORD20001040AMENDED COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #lo40 I. AN ORDINANCE TO AMEND CHAPTER 29 OF THE MUNICIF’AL CODE OF THE CITY OF MUSKEGO (Erosion Control) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION I, All references to “Building Inspector” in Chapter 29 of the Municipal Code of the City of Muskego are hereby changed to read “Engineeringhilding Inspection Director,” SECTION 2: Chapter 29, Section 29.06 (I), is hereby amended to read as follows: 29.06 APPLICATION AND ISSUANCE OF PERMITS (I) LAND DISTURBANCE PERMIT REQUIRED. Unless specifically excluded by this Chapter, no land occupier or land user may undertake a land-disturbing activity subject to this Chapter without receiving a permit and filing an Erosion Control Deposit with the Clerk-Treasurer prior to commencing the proposed activity. Each land occupier or land user desiring to undertake a regulated activity subject to this Chapter shall submit to Engineerinfluilding Inspection Director an application for a permit together with a fee. Exceptions to this requirement are as follows: (a) The owner and occupier of public lands are exempt from payment of any permit fees. (b) In lieu of an individual permit for each land-disturbing permit activity, subject to this Chapter, an annual permit may be issued to public or private utilities and governmental units, for a fee as listed in the Schedule ofpennit Fees, Table I, Chapter 30. The utility or government unit shall agree to adopt and follow a procedure for each land- disturbing activity which meets all applicable standards contained in this Chapter Further, the permit shall stipulate that in the event a utility or governmental unit activity fails to meet the standard, the permit shall terminate and the utility or governmental unit shall be subject to the penalties of this Chapter An erosion control plan, as specified in Subsections (3) and (4) below, shall be submitted for each activity prior to any land disturbance within the time frame as specified in Subsection (6) (d) below. (c) A permit fee and Erosion Control Deposit shall be collected prior to the time a permit is issued under this Code. The permit fee and Erosion Control Deposit required by this Code shall be as from time to time established by Resolution of the Common Council and listed in the Schedule of Permit Fees, Table I Such Resolution shall remain on file with the Clerk-Treasurer and in the office of Building Inspection. Ordinance #I040 Page 2 SECTION 3: Chapter 29, Section 29.06 (8), is hereby amended to read as follows: (8) SURETY BOND As a condition for approval and issuance of any permit required by this Chapter, the Engineerinfluilding Inspection Director may require the permittee to deposit an additional cash bond, an irrevocable letter of credit, or other financial security to guarantee the faithful execution of the approved control plan and permit conditions; amount of bond or other security to be determined by the Director, through the use of Section 29.06 (9) guidelines. When hauling quantities in excess of 500 yards in or out of a property, over City streets, the Public Works Superintendent may also require a separate cash bond, irrevocable letter of credit, or other financial security to cover possible street damages. All securities must be approved by the Engineerinfluilding Inspection Director andlor Public Works Superintendent in the amount it would cost the City to repair the streets or to complete the required erosion control measures as estimated by the EngineerindBuilding Inspection Director using the formula listed below. SECTION 4: Chapter 29, Section 29.09 (3), is hereby amended to read as follows: 29.09 VIOLATIONS (3) PERFORMANCE OF WORK BY THE CITY When the EngineeringDuilding Inspection Director determines that the holder of a permit issued pursuant to this Chapter has failed to make any improvements or follow practices as approved in the plan, or has failed to comply with the time schedule as included in the plan, the Engineerinfluilding Inspection Director or a party designated by him may, after giving not less than two (2) days written notice to the permittee, enter upon the land and cause to be performed the work or other operations necessary to bring the condition of said lands into conformity with the requirements of the approved plan. The Engineering/Building Inspection Director shall keep a detailed accounting of the costs and expenses of performing this work and these costs and expenses shall be deducted from the Erosion Control Deposit with any costs in excess of the deposit being entered on the tax roll as a special tax against the property and collected with any other taxes levied thereon for the year in which the work is completed, pursuant to §66.60(16). Wis. Stats. SECTION 5: The several sections ofthis 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 6: This Ordinance shall be in full force and effect from and after its passage and I publication Ordinance #IO40 Page 3 PASSED AND APPROVED THIS 26' DAY OF SEPTEMBER ,2000 &:zz David L. De Angelis, Mayor First Reading: 9/12/00 Published this 5'h day of October, 2000. - ATTEST jmb STATE OF WISCONSIN) Milwaukee Countv ) ss. tor. in Chapter 29 ofthe Municipal Code 61 the City SECTION 1: All referenee8 ta"Buildiw Inaw- of Muakego are hereby changed to read 'Engineer- ingBrilding Inspectloo Director.' hereby amended to read aibllows: SECTION YChapter 29. Section 29.06:(1), k 29.06 APPLICATION AND lSSUANCE.'OF _. ..... ~~~~ ..... take B landdisturbing aetivrty subject to this Chap ter withou't ieeelving a permit and filing an Erosion Control Deposit with the Clerk-Treasuier prior to mmmenckg lhe propased a,ctivity.,Each land oeeu- pier or land user dbsiring to undertalie a regukted activity subjee1,to this .Chapter. shall submtt to Ei<ieer&glBuilding lospeqion Dir&tor an" appli- for a per& togetheiwiWa fee. Exceplions mg Inspection. SECTION 3: Chapter 29. Sectid? 29.06 (8). is .. hmn.hv amended to read as follows: Suzanne Sobczyk being duiy sworn, doh depose and say that she is an authorized representative of The MUSKEGO SUN, a newspaper published at MUSKEGO. Wisconsin and that an advertisement of which the annexed is a true copy, taken fiom the said paper, was published therein on .......................................... ............... oc w.tc.. .... .5. ......... ............................... ........... ................................................... ................................................... Subscribed and sworn to me before this. S.S., .... day Of .................... .(L3dA-?, ............ ., 20. aJ. , .O.G. Notary Public, Milwaukee ....... tiibn. - PASSED AND APPROVED THIS 26th DAY,OF 'CITY OF MUSKEGO I SEPTEMBER. 2000 _. David L. De Angelis. Mayor i ATTEST i i COMMON COUNCIL - CITY OF MUSKEG0 ORDINANCE #lo40 AN ORDINANCE TO AMEND CHAPTER 29 OF THE MUNICIPAL CODE OF THE CITY OF MfJSKEGO (Erosion Control) THE COMMON COUNCIL OF THE CITY OF DO ORDAIN AS FOLLOWS: SECTION 1. All references to Code of the City of Muskego are hereby changed to SECTION 2: Chapter 29, Section 29.06 APPLICATION AND (1) LAND of public lands are exempt from payment of any permit fees. (b) In lieu of an\. dividual permit for each land-disturbing permit activity, subject to this Chapter, an nnual permit may be issued to public or private utilities and govemme tal units, for a fee as listed in the Schedule of Permit Fees, Table I, Chapter p”” 0. The utility or government unit shall agree to adopt and follow a proced e for each land-disturbing activity which meets all applicable standards contained in this Chapter. Further, the permit shall stipulate that in the event a utility or governmental unit activity fails to meet the standard, the permit shall terminate and the utility or governmental unit shall be subject to the penalties of this Chapter. An erosion control plan, as specified in Subsections (3) and (4) below, shall be submitted for each activity prior to any land disturbance within the time frame as specified in Subsection (6) (d) below. P / (c) A permit fee and Erosion Deposit shall be collected prior to the time a permit is issued under this Code. The permit fee and Erosion Deposit required by this Code shall be as from time to time established by Resolution of the Common Council and listed in the Schedule of Permit Fees, Table 1. Such Resolution shall remain on file with the Clerk-Treasurer and in the office of Building Inspection. Ordinance #IO40 Page 2 SECTION 3: Chapter 29, Section 29.06 (8), is hereby amended to read as follows: (8) SURETY BOND As a condition for approval and issuance of any permit required by this Chapter, the EngineeringDuilding Inspection Director may require the permittee to deposit an additional cash bond, an irrevocable letter of credit, or other financial security to guarantee the faithful execution of the approved control plan and permit conditions; amount of bond or other security to be determined by the Director, through the use of Section 29.06 (9) guidelines. When hauling quantities in excess of 500 yards in or out of a property, over City streets, the Public Works Superintendent may also require a separate cash bond, irrevocable letter of credit, or other financial security to cover possible street damages. All securities must be approved by the EngineeringIBuilding lnspection Director and/or Public Works Superintendent in the amount it would cost the City to repair the streets or to complete the required erosion control measures as estimated by the Engineerinmuilding Inspection Director using the formula listed below. SECTION 4: Chapter 29, Section 29.09 (3), is hereby amended to read as follows: 29.09 VIOLATIONS (3) PERFORMANCE OF WORK BY THE CITY When the Engineering/Building Inspection Director determines that the holder of a permit issued pursuant to this Chapter has failed to make any improvements or follow practices as approved in the plan, or has failed to comply with the time schedule as included in the plan, the EngineeringiBuilding Inspection Director or a party designated by him may, after giving two (2) days written notice to the permittee, enter upon the land and cause to be performed the work or other operations necessary to bring the condition of said lands into conformity with the requirements of the approved plan. The EngineeringiBuilding Inspection Director shall keep a detailed accounting of the costs and expenses of performing this work and these costs and expenses shall be deducted from the Erosion Control Deposit with any costs in excess of the deposit being entered on the tax roll as a special tax against the property and collected with any other taxes levied thereon for the year in which the work is completed, pursuant to §66.60(16), Wis. Stars. SECTION 5: 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 6: This Ordinance shall be in full force and effect from and after its passage and publication. Ordinance # I040 Page 3 PASSED AND APPROVED THIS ~ DAY OF ,2000 CITY OF MUSKEG0 ATTEST. Clerk-Treasurer jmb David L. De Angelis, Mayor First Reading: 9/12/00 Published this day of September, 2000.