ORD20021093~COMMON COUNCIL -CITY OF MUSKEGO
ORDINANCE #1093
AN ORDINANCE TO AMEND CHAPTER 18
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Jurisdiction and Compliance /Recordation)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO,W AUKESHA COUNTY,
WISCONSIN,DO ORDAIN AS FOLLOWS:
SECTION 1:Chapter 18,Section 18.20(1)(f),ofthe Municipal Code of the City of
Muskego is hereby created to read as follows:
(f)Sale or exchange of parcels of land between owners of adjoining property if
additional lots are not thereby created and the lots resulting are not reduced below
the minimum size required by these regulations,the Zoning Ordinance,or other
applicable laws or ordinances when accomplished by a Certified Survey Map when
not prohibited by other laws or ordinances including,but not limited to,Section
236.34(1)(e)Wisconsin Statutes.The Certified Survey Map pursuant to this
subsection may be executed by the Plan Commission Chairman and other City
Þ
Officials without the necessity of Plan Commission or Common Council review.
SECTION 2:Chapter 18,Section 18.32 (2)(f)of the Municipal Code of the City of
Muskego is hereby repealed and recreated to read as follows:
(f)Recordation.After the final plat has been approved by the Common Council
and required improvements as shall be required by the Council either installed or a
subdivider's agreement and sureties insuring their installation filed,the City Clerk -
Treasurer shall cause the certificate inscribed upon the plat attesting to such
approval to be executed,and the City shall cause the plat to be recorded with the
County Register of Deeds.The Register of Deeds shall not record the plat unless it
is offered within six (6)months after the date of the last approval.
SECTION 3:Chapter 18,Section 18.33 (8)of the Municipal Code of the City of
Muskego is hereby repealed and recreated to read as follows:
(9)RECORDATION.After the certified survey map has been approved by the
Common Council,the City Clerk -Treasurer shall cause the certificate to be
inscribed upon the map attesting to such approval and the City shall record the map
with the Waukesha County Register of Deeds at the subdivider's expense.The
Register of Deeds shall not record the map unless it is offered within six (6)months
after the date of the last approval.The City shall not permit the applicant,title
company or any other entity to record the certified survey map.
Þ
f10'
SECTION 4: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 5:This ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS ~DAY OF Februarv ,2002.
CITY OF MUSKEGO
,.---"-_/
'""'"2-//
(
David LDeAngelis,Mayor
First Reading:2/12/02
.ATTEST:
~/(h1 (Uù2~<'---"Published this 7th day of March,2002
Cl rereasurer
(
.
stATE OF WISCONSIN)Suzanne Sobczyk bhng duly sworn,doth depose and
)ss.say that she is an auf'zed representative of The
Mliwaukee County)MUSKEGO SUN,a h."'spaper
Official Notice pu?lishe~at MUSKEGO,..Wlsconsm and that an advertisement ofwlùch the annexed
COMMONCOUNCIL is a true copy,taken ITom the said paper,was published
~~gr~g:~~therein on
AN ORDINANCE TO AMEND
CHAPTERI8 """"",,""""""""""""""""""
OF THE MUNICIPAL CODE OF
(JU'ladl~~~~n;O:~~~?c~'dation)N\Ç:&C.t\.7-.....".
THE COMMON COUNCIL OF THE CITY OF
MUSKEGO,WAUKESHACOUNTY,WISCONSIN.
DO ORDAIN AS FOLLOWS,.
SECTION
"
Chapt,,'8,Section I8.2011)(Ð,of "",.."...","..".."
the Munidpal Code of the City df Muakego is h",.
by created to read aa follow"
(f)Sale o,..change ofp...""la oflanil between
"""""""""""""",""""""""'"
owne"of adjoIning p,operty if ,ddltiohãllo",are
not th",by created and the lots ,..ultmg are not
reduced below the mmlmum alze 'requIred by the..
"'gul,tiona,theZoningO'dman",ò,othe,apþlk.~
,,"
able laws 0'o,dmances woeh ,""o",þllahed by a
"'~Cet'H(ædSurveYMop whan not p,oOn,itedby 'the,.
~'i"<;'law'o'.o'dm
,
an
,""",mc
.,
I"ding'"butnotluniiéd
,
lo,(Signed)......~~...v....
;'f ~
'
Section 2M...(IXe)W..oonsin St,.."tea.The Certl.B PER
$":'fiedsurVèyMappu,suanttòthlo.ubseetionmaybe;;;C/).."'eeuted by the Plan Co=nissiòhChai,màn and
~-it!to:'?~'ro.o:'~~::~~~:~ti:;'~i::.lty
of Plan Subscribed and sworn to me before tlùs.1.~aday
'g '.SECTION2,Coapte,18,Section18.82 (2)(f)of Of..~,..,,20.Q)-..
"'.the Munldpal Code of the City of.Mu.kegoia here.~A:'by repealed and
,
recreated t;,eOd as follow"
,
"
'
'^~Vc (f)Reoo,dation.ARe,the final,plat baa been '-'~,^.-Ò ~'"approvedbyth
,
eCOmmQn
"
co""",
iI
,
an
,
d
"
equired ~...."
"I imp"vements ..shall bereq~"",d by the Coundl Nolary Public Milwaukee County isconsin
eith"mstalled "
a suWivi.",'a a"",ement and '
aute""msudng thel,;",tallaHon filed,the City ,
CI"k
b
-
d T""thn""I 't
hal
tl._:t
a.u,e
t
the.f"tIncate
l
My Commission expires .1.:.1:.1..............
ill"'"e upon e p a a =illg ,ö sUw app'ova
to be ",e",ted.and the'Clty,hallcaus,the plat to
be reoo,ded \Vith the County RegiBt&,ofDeeda,The
RegiBt&,ofD",Mmalt no;l8:l8:l8:nl8:tunle"it
MunidpålCodeofthe CltyofM~$kego;.hereby
'"Pealed andri,"'..ted,~'tead aa;1<>1lo",o,'
,
'(9)RECORDA1'ION'Nte'to."i\Ined ",my
maph"bee"i"PPl'Óved by theC<anmo;"Coúncil,
tÞ'tÞ'GI!y GI"J<;-"J're".rer ahall ca.s.the ",tifl.
Jate to be """"þec1 uPonÌhe map åttèãt)egto such
'pp"",aland tho'Citysmill ",,~,d the map with the
WaulteahãCou'hty Registe,dflked'atthesubdl.
vide,'s'expense,The Reg'",te,of Deed"hall not
,ecoid the mapunl""it isol!è,w withm six (6)
months """"the date of the la,t app,oval.The City
ahaU not,Pe>'hùt.íhe appllcant,'ti,",co"'pany"any
oU""anHtY,tòiecdm tho"rtified'u,,"'y map.
SECTION ',The ee",,<ai ,",,"ona ,,[tbi,omi.
nan"are dedaredto beo""able,Ifany ,eetlon 0'
portion the,eof mall,b,ded",d by a deeision of a
court of ""mpetent j",lsdlction to b'invalid,unlaw-
ful,oc unenf"ooable,'uohdeciaioh ahall apply only
to the apedflc sec"Oh
"
p"tion thereof dimtly
apecified m the deeiaion,and not aff~ct the validity
of all othe<p,ov;.lon"tiotion""portiou tb",of of
the "dmanc.which aball remain in full f"oo and
effeet.Any oth"",dinanoo who..t"m,a"In con-
flict with the p"visiona of thia ominanoo
'"
h",.
by repealed as to those t"ma tbat conflict.
SECTION 5,Thi,omiuan",hall be in full f""
and effect ["m and aft"ita pa"age and pubhOB'
Hon.
PASSED AND APPROVED THIS 26th DAY OF
Feb,"a..,.,2002.
CITY OF MUSKEGO
DavId L.DeAnge!!"May"
FI"t Readmg,2/12/02
ATTEST,
CI"k.T'reaaúre'
Publiahed this 7th day of M"ch,2002