ORD20041166.
.
.
AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1166
AN ORDINANCE TO AMEND CHAPTER 18,
SECTION 18.21 (5) AND SECTION 18.46 (2),
OF THE MUNICIPAL CODE OF THE CITY' OF MUSKEGO
(Park and Conservation Dedication Fees)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 18, Section 18.21 (5), of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
(5) PROPORTIONATE PAYMENT IN LIEU OF DEDICATION.
(a) Payment in Lieu of Park Dedication
1) If the Common Council has determined that such dedication is
not feasible or compatible with development of the community,
the developer shall in lieu thereof pay to the City at the time of
application a fee, as from time to time established by resolution
of Common Council, to defray the impact the additional
residences will place on the park system.
2) Such fees shall be placed in a nonlapsing fund and shall be
used exclusively for immediate or future site acquisitions or for
capital improvements of parks and recreational areas, Such fees
shall be applied to residential development on the basis of total
number of residential dwelling units. Such fees shall apply to
units created by subdivision, certified survey map or planned ~nit
development.
(b) Payment in Lieu of Conservation Open Space Acquisition Dedication
1) If the Common Council has determined that such dedication is
not feasible or compatible with development of the community,
the developer shall in lieu thereof pay to the City at the time of
application a fee, as from time to time established by resolution
of Common Council, to defray the impact that additional
development will have on preserving the City's agricultural,
natural and cultural resources.
2) Such fees shall be placed in a nonlapsing fund and shall be
used exclusively for immediate or future conservation open
space site acquisitions. Such fees shall be applied to residential
and non-residential development on the basis of total planned
developed land, Such fees shall apply to planned development
I
.. \
I
Ordinance # 1166 Page 2
.
created by subdivision, certified survey map or planned unit
development.
(c) Payment in Lieu of Conservation Trail Dedication
1) If the Common Council has determined that such dedication is
not feasible or compatible with development of the community,
the developer shall in lieu thereof pay to the City at the time of
application a fee, as from time to time established by resolution
of Common Council, to defray the impact that additional
residences will place on the Conservation Trail system.
2) Such fees shall be placed in a nonlapsing fund and shall be
used exclusively for immediate or future construction of the
conservation trail. Such fees shall be applied to residential
development on the basis of total number of residential dwelling
units. Such fees shall apply to units created by subdivision,
certified survey map or planned unit development.
(d) Where the development results in the creation of not more than one
additional unit or parcel of land, payment shall be required only for the
additional unit.
(e) Payment shall be in a lump sum and paid at the time of final approval of plat
or certified survey map.
(f) Where a lot or parcel for which payment has once been made is further
divided, payment shall be required for the additional lots or parcels created.
(g) The required payment shall be made before the certification of approval may
be affixed to the final plat, certified survey map or planned development.
.
SECTION 2: Chapter 18, Section 18.46 (2) of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
.
(2) Accordingly, each Subdivider of land in the City shall, at the discretion and
direction of the Plan Commission, either dedicate open space lands designated
on the City comprehensive plan or plan component or reserve such open
space lands and pay a public site fee or, where no open space lands are
directly involved, pay a public site fee. The Plan Commission shall, at the time
of reviewing the preliminary plat or certified survey map, select one of the
following options and record its selection in the minutes of the meeting at which
the preliminary plat or certified survey map is presented for approval:
(a) Dedication of Site Option. Whenever a proposed playground, park or other
public open space land designated on the City's comprehensive plan,
neighborhood unit development plan or other comprehensive plan
component is encompassed, all or in part, within a tract of land to be
subdivided by plat or certified survey map, the public lands shall be made a
part of the plat and be dedicated to the public by the Subdivider at the rate
of 5% of the total net area of the subdivision for schools and 5% of the total
net area for parks and 9.7% of the total net area for open space
Ordinance # 1166 Page 3
.
conservation and any such proposed public lands in excess of the rate
established herein shall be reserved for a period not to exceed 3 years,
unless extended by mutual agreement, for purchase by the public agency
having jurisdiction at undeveloped land prices. If lands in excess of the
established rate are not acquired within the 3-year period, they will be
released from dedication to the owner.
(b) Reservation of Site Option. Whenever a proposed playground, park or other
public open space land designated on the City's comprehensive plan,
neighborhood unit development plan or other comprehensive plan
component is encompassed, all or in part, within a tract of land to be
subdivided by plat or certified survey map, the proposed public open space
lands shall be made a part of the plat or certified survey map and reserved
at the time of final plat or certified survey map approval for a period not to
exceed 3 years, unless extended by mutual agreement, for acquisition at
undeveloped land prices by the public agency having jurisdiction and the
Subdivider shall pay a public site fee at the time of the signing and recording
of a certified survey map, or final plat of the subdivision, or part thereof at
the rate and according to the procedures in par. (c) below. Land not
acquired within the 3-year time period will be released to the owner.
(c) Public Site Fee Option. If the proposed land division does not encompass a
proposed public park, parkway, open space conservation site or other open
space lands or if the City Plan Commission requires the reservation of land
under par. (b) above conservation, conservation recreational trail and park
dedication fees shall be imposed.
.
(1) A conservation fee shall be imposed on both residential and
nonresidential properties and shall be paid to the City Treasurer at
the time of the signing and recording of a certified survey map, or
final plat of the subdivision, or part thereof in an amount as from
time to time established by resolution of the Common Council to
defray the cost of preserving the City's agricultural, natural and
cultural resources. The amount of the conservation fee shall be
set by resolution, from year to year and shall be applied on the
basis of total acreage of developed land for the acquisition of
open space conservation sites throughout the City. Such fees
collected by the City Treasurer under the provisions of this section
shall be placed in a non lapsing special fund for open space
conservation and shall be separate from the City general fund and
such special fund shall be used exclusively for the acquisition of
open space conservation areas within the City.
.
(2) A conservation recreational trail fee shall be imposed on
residential dwelling units and shall be paid to the City Treasurer at
the time of the signing and recording of a certified survey map, or
final plat of the subdivision, or part thereof in an amount as from
time to time established by resolution of the Common Council to
defray the cost of construction recreational trails within
Ordinance # 1166 Page 4
. environmental and open space conservation corridors. The
amount of the conservation recreational trail fee shall be set by
resolution, from year to year and shall be applied on the basis of
the total number of residential dwelling units in the development.
Such fees collected by the City Treasurer under the provisions of
this section shall be placed in a nonlapsing special fund for open
space conservation and shall be separate from the City general
fund and such special fund shall be used exclusively for the
construction of conservation recreational trails within the City.
.
(3) A park dedication fee for the acquisition of public sites to serve
the future inhabitants of the proposed subdivision shall be paid to
the City Treasurer at the time of the signing ånd recording of a
certified survey map, or final plat of the subdivision, or part thereof
in an amount as from time to time established by resolution of the
Common Council to defray the impact that the additional
residence will place on the park system for each proposed
dwelling unit within the plat or certified survey map. The amount of
the park dedication fee shall be set by resolution, from year to
year and shall on the basis of residential dwelling units for the
construction of park and recreational facilities needed to serve
new development. Park dedication fees collected by the City
Treasurer under the provisions of this section shall be placed in a
nonlapsing special fund for City parks and shall be separate from
the City general fund and such special fund shall be used
exclusively for the acquisition and development of park and
recreation and areas within the City.
SECTION 3: Any Certified Survey Map, Condominium Plat, Preliminary Plat, or Final
Plat filed in the Planning Department on or prior to the day of publishing of this
ordinance shall not be affected by the new dedication fees set forth in this ordinance
and resolution pursuant to this ordinance, but shall remain subject to the old
ordinance and the last resolution adopted pursuant to said ordinance as it existed
prior to these changes if final approvals of the Final Certified Survey Map,
Condominium Plat or Final Plat are made on or before the 31 st of January, 2005.
.
SECTION 4: Any Sketch Land Division or Sketch Condominium Plat filed in the
Planning Department on or prior to the day of publishing of this ordinance shall not
be affected by the new dedication fees set forth in this ordinance and resolution
pursuant to this ordinance, but shall remain subject to the old ordinance and the last
resolution adopted pursuant to said ordinance as it existed prior to these changes if a
Final Certified Survey Map, Preliminary Plat, or Condominium Plat filed in the
Planning Department within 90 days of publishing of this ordinance and that final
approvals of a Final Certified Survey map, Condominium Plat or Final Plat are made
on or before the 31st of January, 2005.
SECTION 5: This ordinance shall be in full force and effect from and after its
passage and publication.
.
.
.
Ordinance # 1166
PASSED AND APPROVED THIS 25th DAY OF May
ATTEST:
/~/. .' ~- /.Aß/ ~12--~ ,<,
/~rk- Treasurer
(.../
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CITY OF MUSKEGO
1%~~ér:Jl~
Mark A. Slocomb, Mayor
First reading: 3/23/04
Pag~ 5
,2004.
Deferred: 4/13/04; 4/27/04,5/11/04
Published this 3rd day of June, 2004
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1166
. AN ORDINANCE TO AMEND CHAPTER 18,
SECTION 18.21 (5) AND SECTION 18.46 (2),
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Park and Conservation Dedication Fees)
.
THE COMMON COUNCIL OF THE CITY OF M SKEG~~SCONSIN DO ORDAIN
AS FOLLOWS: \1
SECTION 1: Chapter 18, Section 18.21 (5 of th~ ~uniciPal Code of the City of
Muskego is hereby amended to read as foil s: "\'
(5) PROPORTIONATE PAYMENT IN lEU.. ~EDICATION.
(a) Payment in Lieu of Park Dedi tiory r\ '
1) If the Common Cou il has \Jetermined that such dedication is
not feasible or comp ible with development of the community,
the developer shall. lie th reof pay to the City at the time of
application a fee, fro i e to time established by resolution
of Common Co ncil, defray the impact the additional
residences will p. ce e park system.
2) Such fees all laced in a non lapsing fund and shall be
used exclusi Iy for mediate or future site acquisitions or for
capital impr ements f parks and recreational areas. Such fees
shall be a lied to residential development on the basis of total
number f residential dwelling units. Such fees shall apply to
units cr: ated by subdivision, certified survey map or planned unit
devel pment.
(b) Payme in Lieu of Conservation Open Space Acquisition Dedication
1 If the Common Council has determined that such dedication is
not feasible or compatible with development of the community,
the developer shall in lieu thereof pay to the City at the time of
application a fee, as from time to time established by resolution
of Common Council, to defray the impact that additional
development will have on preserving the City's agricultural,
natural and cultural resources.
2) Such fees shall be placed in a nonlapsing fund and shall be
used exclusively for immediate or future conservation open
space site acquisitions. Such fees shall be applied to residential
and non-residential development on the basis of total planned
developed land. Such fees shall apply to planned development
created by subdivision, certified survey map or planned unit
development.
.
.
(c) Payment in lieu of Conservation Trail Dedication
1) If the Common Council has determined that such dedication is
not feasible or compatible with development of the community,
the developer shall in lieu thereof pay to the City at the time of
application a fee, as from time to time established by resolution
of Common Council, to defray the impact that additional
residences will place on the Conservation Trail system.
2) Such fees shall be placed in a nonlapsing fund and shall be
used exclusively for immediate or future construction of the
conservation trail. Such fees shall be applied to residential
development on the basis of total number of residential dwelling
units. Such fees shall apply to units created by subdivision,
certified survey map or planned unit development.
(d) Where the development results in the creation of not more than one
additional unit or parcel of land, payment shall be required only for the
additional unit.
(e) Payment shall be in a lump sum and paid at the time of final approval of plat
or certified survey map.
(1) Where a lot or parcel for which payment has once been made is further
divided, payment shall be required for the additional lots or parcels created.
(g) The required payment shall be made before the certification of approval may
be affixed to the final plat, certified survey map or planned development. .
SECTION 2: Chapter 18, Section 18.46 (2) of the Municipal Code. of the City of
Muskego is hereby amended to read as follows:
.
(2) Accordingly, each Subdivider of land in the City shall, at the discretion and
direction of the Plan Commission, either dedicate open space lands designated
. on the City comprehensive plan or plan component or reserve such open
space lands and pay a public site fee or, where no open space lands are
directly involved, pay a public site fee. The Plan Commission shall, at the time
of reviewing the preliminary plat or certified survey map, select one of the
.following options and record its selection in the minutes of the meeting at which
the preliminary plat or certified survey map is presented for approval:
(a) Dedication of Site Option. Whenever a proposed playground, park or other
public open space land designated on the City's comprehensive plan,
neighborhood unit development plan or other comprehensive plan
component is encompassed, all or in part, within a tract of land to be
subdivided by plat or certified survey map, the public lands shall be made a
part of the plat and be dedicated to the public by the Subdivider at the rate
of 5% of the total net area of the subdivision for schools and 5% of the total
net area for parks and 9.7% of the total net area for open space
conservation and any such proposed public lands in excess of the rate
established herein shall be reserved for a period not to exceed 3 years,
unless extended by mutual agreement, for purchase by the public agency
.
having jurisdiction at undeveloped land prices. If lands in excess of the
established rate are not acquired within the 3-year period, they will be
released from dedication to the owner.
(b) Reservation of Site Option. Whenever a proposed playground, park or other
public open space land designated on the City's comprehensive plan,
neighborhood unit development plan or other comprehensive plan
component is encompassed, all or in part, within a tract of land to be
subdivided by plat or certified survey map, the proposed public open space
lands shall be made a part of the plat or certified survey map and reserved
at the time of final plat or certified survey map approval for a period not to
exceed 3 years, unless extended by mutual agreement, for acquisition at
undeveloped land prices by the public agency having jurisdiction and the
Subdivider shall pay a public site fee at the time of the signing and recording
of a certified survey map, or final plat of the subdivision, or part thereof at
the rate and according to the procedures in par. (c) below. Land not
acquired within the 3-year time period will be released to the owner.
(c) Public Site Fee Option. If the proposed land division does not encompass a
proposed public park, parkway, open space conservation site or other open
space lands or if the City Plan Commission requires the reservation of land
under par. (b) above conservation, conservation recreational trail and park
dedication fees shall be. imposed.
. (1) A conservation fee shall be imposed on both residential and
nonresidential properties and shall be paid to the City Treasurer at
the time of the signing and recording of a certified survey map, or
final plat of the subdivision, or part thereof in an amount as from
time to time established by resolution of the Common Council to
defray the cost of preserving the City's agricultural, natural and
cultural resources. The amount of the conservation fee shall be
set by resolution, from year to year and shall be applied on the
basis of total acreage of developed land for the acquisition of
open space conservation sites throughout the City. Such fees
collected by the City Treasurer under the provisions of this section
shall be placed in a non lapsing special fund for open space
conservation and shall be separate from the City general fund and
such special fund shall be used exclusively for the acquisition of
open space conservation areas within the City.
.
(2) A conservation recreational trail fee shall be imposed on
residential dwelling units and shall be paid to the City Treasurer at
the time of the signing and recording of a certified survey map, or
final plat of the subdivision, or part thereof in an amount as from
time to time established by resolution of the Common Council to
defray the cost of construction recreational trails within
environmental and open space conservation corridors. The
amount of the conservation recreational trail fee shall be set by
resolution, from year to year and shall be applied on the basis of
.
.
.
the total number of residential dwelling units in the development.
Such fees collected by the City Treasurer under the provisions of
this section shall be placed in a nonlapsing special fund for open
space conservation and shall be separate from the City general
fund and such special fund shall be used exclusively for the
construction of conservation recreational trails within the City.
(3) A park dedication fee for the acquisition of public sites to serve
the future inhabitants of the proposed subdivision shall be paid to
the City Treasurer at the time of the signing and recording of a
certified survey map, or final plat of the subdivision, or part thereof
in an amount as from time to time established by resolution of the
Common Council to defray the impact that the additional
residence will place on the park system for each proposed
dwelling unit within the plat or certified survey map. The amount of
the park dedication fee shall be set by resolution, from year to
year and shall on the basis of residential dwelling units for the
construction of park and recreational facilities needed to serve
new development. Park dedication fees collected by the City
Treasurer under the provisions of this section shall be placed in a
nonlapsing special fund for City parks and shall be separate from
the City general fund and such special fund shall be used
exclusively for the acquisition and development of park and
recreation and areas within the City.
SECTION 3: This ordinance shall be in full force and effect from and after its
passage and publication.
PASSED AND APPROVED THIS DAY OF ,2004.
CITY OF MUSKEGO
Mark A. Slocomb, Mayor
ATTEST: First reading: 3/23/04
Deferred: 4/13/04; 4/27/04; 5/11/04
Published this day of
Clerk-Treasurer
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