Exciting enhancements are coming soon to eCode360! Learn more 🡪
City of Muskego, WI
Waukesha County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Muskego 1-23-2003 by Ord. No. 1123 (Ch. 41 of the 1964 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Land division — See Ch. 392.
Zoning — See Ch. 400.
[Amended 4-23-2009 by Ord. No. 1293]
The purpose of this chapter is to establish the City of Muskego 2020 Comprehensive Plan as the official Comprehensive Plan of the City of Muskego, as defined by Wisconsin Statutes. The Comprehensive Plan is intended to promote public health, safety, and welfare of the City of Muskego by effectively guiding long-range growth and development within the City of Muskego and its extraterritorial planning jurisdiction. The Comprehensive Plan provides goals, objectives, policies, and recommendations for future land use, transportation, housing, economic development, utilities, community facilities, agricultural resources, natural resources, cultural resources, intergovernmental relations, and implementation. Implementation of the Comprehensive Plan is accomplished through other sections of the Muskego Municipal Code, more detailed plans, public investments, private development decisions, intergovernmental cooperation and citizen involvement.
The authority for the City of Muskego to prepare and adopt a Comprehensive Plan is established under §§ 62.23 and 66.1001, Wis. Stats. Section 66.1001(2), Wis. Stats., specifies the required contents of a Comprehensive Plan.
[Amended 4-23-2009 by Ord. No. 1293]
The City of Muskego Comprehensive Plan, adopted by Resolution No. 007-2009 of the Plan Commission and by Ordinance No. 1293 of the Common Council, is the official Comprehensive Plan of the City of Muskego. The above-mentioned Comprehensive Plan supersedes and replaces all Comprehensive Plans previously adopted by the City of Muskego, except as explicitly provided for in the Comprehensive Plan document or under § 380-6 below. The text, maps, tables, graphics, goals, objectives, policies, and recommendations of the Comprehensive Plan are intended to serve as a guide as the City of Muskego undertakes subsequent actions to implement the plan, except as otherwise provided for under Wisconsin Statutes.
Per § 66.1001(4)(b), Wis. Stats., following adoption of the Comprehensive Plan, the City Clerk-Treasurer of the City of Muskego shall send a copy of the adopting ordinance and the adopted Comprehensive Plan document to all of the following:
A. 
Every governmental body located in whole or in part within the boundaries of the City of Muskego.
B. 
The Clerk of every local governmental unit that is adjacent to the City of Muskego.
C. 
The State of Wisconsin Department of Administration.
D. 
The Southeastern Wisconsin Regional Planning Commission (SEWRPC).
E. 
The Muskego Public Library.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Requirements. The Wisconsin Smart Growth Act, § 66.1001(4)(a), Wis. Stats., requires the City to "adopt written procedures that are designed to foster public participation, including open discussion, communication programs, information services and public meetings for which advance notice has been provided, in every stage of the preparation of a comprehensive plan. The written procedures shall provide for wide distribution of proposed, alternative or amended elements of a comprehensive plan and shall provide an opportunity for written comments on the plan to be submitted by members of the public to the governing body and for the governing body to respond to such written comments."
B. 
Purpose. This public participation procedure is prepared to implement a public involvement process for the development of the Comprehensive Plan's 2010 Smart Growth Update and its components. The procedure brings diverse stakeholder viewpoints into the decisionmaking process, enabling the City to make more informed decisions and improve quality through collaborative efforts. This procedure is designed as a general framework within which 2010 Smart Growth Updates will operate. It promotes openness and two-way communication. It is not intended to affect requirements imposed by law, regulation, or contract agreements; neither does it modify any rights available to the public under the current law.
C. 
Public participation goals and objectives.
(1) 
The effectiveness of a plan depends upon its success in meeting the expectations of the public. Further, plans need to be reassessed periodically to determine if the public's evolving needs and expectations are adequately being met. This procedure ensures that the public will be kept informed of activities and given meaningful opportunities to participate in the development and review of public plans and policy.
(2) 
Goal. The 2010 Smart Growth Update process shall provide to the public complete information, timely notice and full access to key decisions and shall support early and continuing involvement of the public.
(a) 
Objective 1: Provide the public with timely notice and reasonable access to information about physical development issues and processes.
(b) 
Objective 2: Create opportunities for all segments of the public to become informed about issues and proposals under consideration.
(c) 
Objective 3: Share with the public the tasks of identifying concerns, developing alternatives and evaluating policies to address the concerns.
(d) 
Objective 4: Be open, honest, and accurate in public statements and accountable for diligent follow-up and timely results from the commitments they make.
(e) 
Objective 5: Listen and respond to suggestions made by the public. The City will incorporate public input into the plan documents.
(f) 
Objective 6: Foster candid information exchanges and ongoing two-way communication using a variety of media.
D. 
Procedures for public participation. The City anticipates a four-step planning process for the development of the 2010 Smart Growth Update. The following procedures for public participation shall be undertaken for informing and getting citizens involved during each phase of the comprehensive planning process:
(1) 
Analysis. Appropriate participation tools are identified and utilized to obtain a complete demographic profile of the community and get a sense of the strengths, weaknesses, issues and opportunities.
(2) 
Visioning. The appropriate participation tools are identified and utilized to access which services and types of development are considered important to the community, as well as determine issues to address and strengths to build on.
(3) 
Synthesis. The public's vision is drafted into document form which includes demographic information and translates the public's desires into statements of goals and policies.
(4) 
Formal review and approval. The draft document is distributed to the public, City library, neighboring communities, and overlapping jurisdictions, as well as all others who express interest in receiving the draft plan. Responses to written public comments and suggestions on the draft document are reviewed by the Common Council and addressed before additions, edits or other changes to the draft plan are recommended by the Council to the Plan Commission. A public hearing is held for formal public review and comment on the final draft. Common Council reviews and addresses the public written comments on the final draft in the adopted document.
E. 
Public participation tools. Citizen involvement has always been very important at all stages of the City's planning process, not just the approval phase when recommendations are being presented. The following is a summary of the various ways in which the City has and continues to engage citizens in discussions about planning. Each technique has its advantages and disadvantages. Any or all of the techniques listed can be chosen in the analysis phase and utilized in the visioning phase of the comprehensive planning process.
(1) 
Public information handouts.
(2) 
Commission meeting with open comment period.
(3) 
Press packet/news releases.
(4) 
Web postings.
(5) 
Key stakeholder interview.
(6) 
Targeted mailing/survey.
(7) 
Stakeholder/public official briefings.
(8) 
News conference.
(9) 
Task force.
(10) 
Advisory committee.
(11) 
Visioning sessions.
(12) 
On-going newsletter articles.
(13) 
Design charrette.
(14) 
Dedicated website.
(15) 
Public information meeting/open house.
(16) 
Exhibits and displays in public buildings.
(17) 
Public hearing.
F. 
Applicability. The above public participation plan terms pertained to the adoption of the Comprehensive Plan. For amendments to the Comprehensive Plan, the City of Muskego will utilize the public participation as per § 380-7 herein which includes utilizing a Class 2 notice procedure (state statute requires a Class 1 notice procedure) and a public hearing.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 5-3-2012 by Ord. No. 1258; 9-1-2016 by Ord. No. 1407]
A. 
Section 62.23(2), Wis. Stats., provides that the City of Muskego may from time to time amend, extend or add to the Comprehensive Plan or carry out any part of the subject matter in greater detail. The following are more detailed components of the City of Muskego Comprehensive Plan, which shall therefore have the same force and effect as the adopted Comprehensive Plan:
(1) 
2017 - 2021 Parks and Conservation Plan, adopted by the Plan Commission on August 2, 2016, and the Common Council on August 23, 2016, as amended.
(2) 
Durham Hill Design Guide.
(3) 
Downtown Design Guide.
(4) 
General Design Manual.
(5) 
Racine Avenue Gateway Design Guide.
(6) 
Moorland Corridor South Design Guide.
(7) 
Tess Corners Design Guide.
(8) 
Business Park Design and Development Standards.
B. 
Design guides adopted by this section are advisory documents of the Plan Commission and may be changed or varied from time to time by action of the Plan Commission or by other methods as may be set forth in each of said documents, as amended.
Amendments to the Comprehensive Plan shall be handled similarly to zoning amendments, with the exception of the following items which must be followed:
A. 
A public hearing must be held by the Common Council. The notice for such hearing shall be published two times (Class 2 notice) with the first publication being at least 30 days before the hearing is to be held. Notice must be provided 30 days prior to the hearing to nonmetallic mining operators, owners or leaseholders of property involved with nonmetallic mining, and persons with nonmetallic mining registered interests. Notice must also be provided 30 days prior to anybody who has filed a written request for such notice.
B. 
The Plan Commission must make a recommendation by resolution, adopted by a majority vote of the entire Commission. If the Plan Commission adopts the resolution, a copy must be sent to all of the following:
(1) 
Every governmental body located in whole or in part within the boundaries of the City of Muskego.
(2) 
The Clerk of every local governmental unit that is adjacent to the City of Muskego.
(3) 
The State of Wisconsin Department of Administration.
(4) 
The Southeastern Wisconsin Regional Planning Commission (SEWRPC).
(5) 
The Muskego Public Library.
C. 
The Common Council, after the forgoing procedures have been followed, may adopt the Comprehensive Plan amendment by ordinance. The ordinance can only be adopted by a majority vote of all of the members of the Common Council. If it is adopted, one copy of the adopted Comprehensive Plan amendment must be sent to all of the following entities:
(1) 
Every governmental body located in whole or in part within the boundaries of the City of Muskego.
(2) 
The Clerk of every local governmental unit that is adjacent to the City of Muskego.
(3) 
The State of Wisconsin Department of Administration
(4) 
The Southeastern Wisconsin Regional Planning Commission (SEWRPC).
(5) 
The Muskego Public Library.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).