PCR20020160 RESOLUTION #P.C. 016-2002 RECOMMENDATION TO COMMON COUNCIL TO AMEND CHAPTER 18 OF THE
MUNICIPAL CODE PERTAINING TO JURISDICTION & COMPLIANCE AND RECORDATION
WHEREAS, Planning staff has reviewed Chapter 18 of the Municipal Code and forwarded
recommended revisions to Section 18.20(l)(f), and 18.32(2)(f), and 18:33(8) of the Land
Division Ordinance as attached hereto, and
WHEREAS, A public hearing has been scheduled to consider the matter on February 12,
2002.
THEREFORE BE IT RESOLVED, That the Plan Commission recommends the attached
revisions to Section 18.20(l)(f), and 18.32(2)(f), and 18:33(8) of the Land Division Ordinance
to the Common Council.
Plan Commission
City of Muskego
e Adopted: February 5,2002
Defeated:
Deferred:
Introduced: February 5, 2002
ATTEST. Sandi Asti, Recording Secretary du" d ad
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #
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, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 18, Section 18.20(1) (f) , of the 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
Officials without the necessity of Plan Commission or Common Council review.
SECTION 2: Chapter 18, Section 18.32 (2) (0 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Muskego is hereby repealed and recreated to read as follows: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.
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 ,2002.
CITY OF MUSKEG0
David L. DeAngelis, Mayor
First Reading: e ATTEST
Clerk-Treasurer