CCR1997253COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #253-97
REGISTERING OPPOSITION TO PROPOSED LAND DIVISION AND
DEVELOPMENT CONTROL ORDINANCE FOR WAUKESHA COUNTY
WHEREAS, The Waukesha County Park and Land Use Department has developed the
proposed "Land Division and Control Ordinance for Waukesha County" and has
presented it to the public and municipalities for comments; and
WHEREAS, No such document currently exists at the County level; and
WHEREAS, Among other issues within the subject Ordinance, it is proposed that:
the County review all land divisions within Waukesha County including
subdivisions, certified survey maps, condominium plats, and certain assessors
plats;
the County review all land divisions for compliance with the Waukesha County
Development Plan;
the County review all land leases over ten years in length;
the County be able to assess a park fee on all land divisions within Waukesha
County; and
WHEREAS, The above cited issues, and others, generate concern as to: possible
contradictions to, duplications of, and encroachments into the powers granted to cities
under State Statute 62.23 City Planning, and State Statute 236.01 Platting Lands and
Recording and Vacating Plats; the defacto rezoning of lands without proper notice;
government involvement into the terms of private contracts; the mechanism by which
proposed fees will be collected and additional reviews will be conducted., and
WHEREAS, The Plan Commission has stated its opposition to the Land Division and
Development Control Ordinance for Waukesha County in its current form and has
recommended that the Common Council do the same.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Plan Commission, does hereby register
opposition to the proposed Land Division and Development Control Ordinance for
Waukesha County in its current form.
Resolulion #253-97
DATED THIS 28th DAY OF OCTOBER, 1997
SPONSORED BY
Ald. Nancy Salentine
This is to certify that this is a true and accurate copy of Resolution #253-97 which was
adopted by the Common Council of the City of Muskego.
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COUNTY LAND DIVISION AND DEVELOPMENT CONTROL
ORDINANCE
Outline of Issues of Concern, and Those in Need of Clarification
1. Sec. 1.01 States that Odinance applies to - ALL land division in Waukesha
County (City, Town, Village) for CSMs. Subdivisions, Condo Plats).
2. Sec. 1.07 Contains language whch seems to indicate that if City Ordinances are
not consistant with the County Ordinance, the County Ordinance takes
precedent.
3. Sec. 2.02 Contains language that seems to indicate that the County will review
all Developer’s Agreements. Does th~s mean they also have approving authority
and are signatures to said agreements?
4. Sec. 3.02 Puts in place a mechmsm for the County to require Park fees. Who
will be responsible to collect these fees.
5, Sec. 3.05 County establishes mmmum lot size for non-sewered lots at 20,000
sq. ft. City minimum is 40,000 sq. ft. Because of Sec 1.07, is the City minimum
lot size now 20,000 sq. ft. for non-sewered lots/
6. Sec. 3.10 Allows County to be reimbursed for County expenses. Who will
collect these fees?
7 Sec. 4.03 Minor land divisions (CSM) would now be reviewed by County prior
to submittal for approvals. Would the County now be signature to all CSMs?
8. Sec.5.03.17 Allows other agencies to be recognized to verify wetlands and
naturals areas outside the standard parties such as DNR, ACOE, or SEWC.
9. Sec.5.03.23) Requires that Subdivider’s Agreements be submited to County for
their rewew Will they also be an approwng authority and be signature to said
agreement?
10. Sec.7.04 Seems to indicate that the County will be reviewing and approving all
grading and drainage plans.