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PCR2007082 ./PCR2007082_files/filelist.xml RESOLUTION #PC 082-2007 Print 86 6 pt 6 pt 0   RESOLUTION #P.C. 082-2007 RECOMMENDATION TO COMMON COUNCIL TO AMEND SECTION 18.22, 18.31(2)e, 18.32(1)h, AND 18.32(2)h OF THE MUNICIPAL CODE RELATING TO LETTER OF CREDIT REQUIREMENTS WHEREAS, Chapter 18 regulates land division regulations within the City of Muskego, and WHEREAS, Portions of Chapter 18 need to be amended in order ensure that Letter’s of Credit (The documents that ensure public improvements occur once approved) are to an amount of 125% the actual cost to construct the improvements, and  WHEREAS, This will make sure the City is further covered in the event a developer fails to complete an improvement, and WHEREAS, A public hearing was heard to consider the matter on July 24th, 2007. THEREFORE BE IT RESOLVED, That the Plan Commission recommends the attached amendment to Sections 18.22, 18.31(2)e, 18.32(1)h, AND 18.32(2)h of the Chapter 18 Land Division Ordinance to the Common Council.   Plan Commission City of Muskego     Adopted:   August 7, 2007 Defeated: Deferred:   Introduced: August 7, 2007 ATTEST: Kellie Renk, Recording Secretary   18.22 Before final approval of any plat or certified survey map located within the jurisdictional limits of this chapter, the Subdivider shall install street, utility and other public improvements as provided below.  If such improvements are not installed as required at the time the final plat or certified survey map is submitted for approval, the Subdivider shall, before recording of the final plat or certified survey map, enter into a contract with the City agreeing to install the required improvements and file with such contract a letter of credit, cash or certified check meeting the approval of the City Attorney in an amount equal to 125% of the estimated cost of the improvements, such estimate to be made by the Finance Committee and the Common Council upon the recommendation of the Engineering/Building Inspection Director, as a guarantee that such improvements will be completed by the Subdivider or his subcontractors not later than one year from the date of recording of the plat and as a further guarantee that all obligations to subcontractors for work on the development are satisfied.  In addition:     18.31(2)e Upon approval or conditional approval of a preliminary plat from the Plan Commission or the Common Council, the Subdivider may proceed with installation of subdivision improvements after approval of the engineering plans by the Engineering/Building Inspection Director, Public Works Committee and Public Utility Committee, approval of all other applicable agencies and submittal to the City of copies of all permits and letters of approval and/or may submit a final plat for review.  The Subdivider shall enter into a contract with the City agreeing to install the required improvements and shall file with the contract a letter of credit, cash or certified check meeting the approval of the City Attorney in an amount equal to 125% of the estimated cost of the improvements, such estimate to be made by the Finance Committee and Common Council upon the recommendation of the Engineering/Building Inspection Director, as a guarantee that such improvements will be completed by the Subdivider or his subcontractors not later than one year from the date of recording of the plat and as a further guarantee that all obligations to subcontractors for work on the development are satisfied.   18.32(1)(h) Upon approval of the final plat from the Plan Commission or Common Council, the Subdivider may proceed with installation of subdivision improvements after approval of the engineering plans by the Engineering/Building Inspection Director, Public Works Committee and Public Utility Committee, approval of all other applicable agencies and submittal to the City of copies of all permits and letters of approval and/or may submit a final plat for review.  The Subdivider shall enter into a contract with the City agreeing to install the required improvements and shall file with the contract a letter of credit, cash or certified check meeting the approval of the City Attorney in an amount equal to 125% of the estimated cost of the improvements, such estimate to be made by the Finance Committee and Common Council upon the recommendation of the Engineering/Building Inspection Director, as a guarantee that such improvements will be completed by the Subdivider or his subcontractors not later than one year from the date of recording of the plat and all obligations to subcontractors for work on the development are satisfied.   18.32(2)(h) Installation of Improvements [if supportFields]><span style='mso-element:field-begin'></span> XE "Installation of Improvements" <![endif] [if supportFields]><span style='mso-element: field-end'></span><![endif].  Upon approval of the final plat from the Plan Commission or Common Council, the Subdivider may proceed with installation of subdivision improvements after approval of the engineering plans by the Engineering/Building Inspection Director, Public Works and Public Utility Committees, approval of all other applicable agencies and submittal to the City of copies of all permits and letters of approval and/or may submit a final plat for review.  The Subdivider shall enter into a contract with the City agreeing to install the required improvements and file with the contract a letter of credit, cash or certified check meeting the approval of the City Attorney in an amount equal to 125% of the estimated cost of the improvements, such estimate to be made by the Finance Committee and Common Council upon recommendation of the Engineering/Building Inspection Director, as a guarantee such improvements will be completed by the Subdivider or his subcontractors not later than one year from the date of recording of the plat and as a further guarantee that all obligations to subcontractors for work on the development are satisfied.