PCR2009048a
AMENDED
RESOLUTION #P.C. 028048-2009
RECOMMENDATION TO COMMON COUNCIL TO REPEAL AND RECREATE SECTION 13
OF CHAPTER 17 OF THE MUNICIPAL CODE – WELLHEAD PROTECTION ORDINANCE
WHEREAS, Section 13 of Chapter 17 of the Municipal Code regulates wellhead protection
within the City of Muskego, and
WHEREAS, The City of Muskego has a wellhead protection ordinance to install regulation on
certain land uses with certain separation distances around City utilized wells, and
WHEREAS, The wellhead protection ordinance adopts State DNR language, and
WHEREAS, The current wellhead protection ordinance requires updates due to a number of
discrepancies and due to new State DNR language being adopted, and
WHEREAS, A public hearing was is scheduled to consider the amendments on June 23, 2009,
and.
WHEREAS, A new public hearing was scheduled to consider updated amendments
(strictly adopting the State DNR regulations) on September 8, 2009.
THEREFORE BE IT RESOLVED, That the Plan Commission recommends the attached
changes to Section 13 of Chapter 17 of the Municipal Code relating to wellhead protection and
mapping to the Common Council.
Plan Commission
City of Muskego
Adopted: October 6, 2009
Defeated:
Deferred: July 7, 2009, August 4, 2009, September 1, 2009
Introduced: July 7, 2009
ATTEST: Kellie McMullen, Recording Secretary
Repeal Section 13 of the Chapter 17 Zoning Code and replace with the following:
SECTION 13 WELLHEAD PROTECTION OVERLAY DISTRICT
13.01 STATEMENT OF INTENT
Purpose. The Wellhead Protection Area is intended to institute land use regulations and
restrictions to protect the City of Muskego's municipal water supply and well fields and to
promote the public health, safety and general welfare of the residents of the City of Muskego.
Thus, the City adopts the separation distances and restricted land use practices per § NR 811
and any future changes that may occur.
13.02 APPLICABILITY
The regulations specified by this district shall apply to all lands and/or structures that lie within
the separation distances specified in conformance with § NR 811 of each City of Muskego
municipal well within the City of Muskego corporate limits.
13.02 MAPPING
It is recognized that the actual Wellhead Protection Areas are ever-changing due to parcel
reconfigurations and building placements. The overlay area shall be recognized on the City ‘s
zoning maps by the location of the wells owned and maintained by the City along with the
circles noting the maximum 1,200-foot distance per § NR 811.
The prior mapping of wellhead protection areas is hereby repealed and recreated as set forth in
the zoning map, which is hereby adopted.