ORD20071257amend18
AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1257
AN ORDINANCE TO AMEND CHAPTER 18, SECTIONS 18.50 and 18.90,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Roadway and Utility Improvements Surrounding New Developments)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS
FOLLOWS:
SECTION 1: Chapter 18, Section 18.50, of the Municipal Code is hereby amended to read as
follows:
18.50 GENERAL
All required improvements shall be constructed in accordance with plans and standard
specifications approved by the City Public Works Committee, Public Utilities Committee,
Engineering/Building Inspection Director, Wisconsin Department of Natural Resources and
Milwaukee Metropolitan Sewerage District, as may be appropriate. Such plans and standard
specifications shall be submitted, reviewed and approved in accordance with § 18.72 of this
chapter.
(1) The improving of a dedicated roadway to City specifications must follow the following
guidelines: All land divisions which create new public ROW shall be required to
improve, within said ROW, a public road to City of Muskego specifications and detail
drawings. Should the road end with a permanent cul-de-sac, land must be dedicated per
City standards and the road constructed to City of Muskego specifications. Should the
road end with a future possible road extension, a temporary cul-de-sac may be
constructed with a temporary easement, however, the size must be the same as a
permanent cul-de-sac. City of Muskego storm water management requirements must be
met should the improvements add more than one half of an acre of impervious surface.
All roadway, grading, storm sewer, and stormwater plans must be reviewed by the City
of Muskego as required by Municipal Code. The following requirements vary by the
size of the parcels being divided:
A. Should a land division create parcels with an average size of less than or equal to
40,000 square feet, the road shall be built to City Specifications that include curb &
gutter and storm sewer.
B. Should a land division create parcels with an average size of greater than 40,000
square feet, the developer may choose to request a Public Works Committee
decision regarding the type of improvements required. The only option Public
Works Committee will consider other than curb & gutter section is ditch section
construction per City of Muskego specifications. Should this option be permitted,
the ditch sections shall be maintained by the developer initially and ultimately the
homeowners association. Furthermore, these restrictions outlining the responsibility
of this maintenance shall be recorded in a Developer's Agreement approved the
City's Common Council concurrent with the final land division document.
Ordinance #1257 Page 2
C. Private driveways within newly created public ROW are not allowed under any
circumstance.
(2) Improvements to be Extended to Farthest Limit of Parcel or Lot: Any and all
improvements, streets, or utility services required by this Ordinance, for the
Subdivision, Certified Survey Map, or Condominium Plat shall be extended to the
farthest limit of the parcel or lot as set forth on the plans and specifications approved by
the City. If determined by the Plan Commission, based on the information of
Engineering staff, that a resulting development will cause increased affects on existing
infrastructure, the cost of all reasonably necessary improvements on the exterior of a
development, such as expanded roadways, intersections, and/or utility extensions shall
be paid by the Developer/Owner.
(3) Improvements to be Extended to Farthest Affected Area: Any and all improvements,
streets, or utility services required by this Ordinance, for the Subdivision, Certified
Survey Map, or Condominium Plat shall be extended to the farthest affected area. If
determined by the Public Works Committee, Public Utilities Committee, or Planning
Commission, based on the information of Engineering staff, that a resulting
development will cause increased affects on infrastructure, the cost of all improvements
on the exterior of a development, such as expanded roadways, intersections, and/or
utility extensions shall be paid by the Developer/Owner.
SECTION 2: Chapter 18, Section 18.90, of the Municipal Code is hereby amended to read as
follows:
18.90 GENERAL
All required improvements shall be constructed in accordance with plans and standard specifications
approved by the City Public Works Committee, Public Utilities Committee, Engineering/Building
Inspection Director, Wisconsin Department of Natural Resources and Milwaukee Metropolitan
Sewerage District, as may be appropriate. Such plans and standard specifications shall be submitted,
reviewed and approved in accordance with § 18.102 of this chapter.
(1) The improving of a dedicated roadway to City specifications must follow the following
guidelines: All land divisions which create new public ROW shall be required to
improve, within said ROW, a public road to City of Muskego specifications and detail
drawings. Should the road end with a permanent cul-de-sac, land must be dedicated per
City standards and the road constructed to City of Muskego specifications. Should the
road end with a future possible road extension, a temporary cul-de-sac may be
constructed with a temporary easement, however, the size must be the same as a
permanent cul-de-sac. City of Muskego storm water management requirements must be
met should the improvements add more than one half of an acre of impervious surface.
All roadway, grading, storm sewer, and stormwater plans must be reviewed by the City
of Muskego as required by Municipal Code. The following requirements vary by the
size of the parcels being divided:
a. Should a land division create parcels with an average size of less than or equal to
40,000 square feet, the road shall be built to City Specifications that include curb
& gutter and storm sewer.
Ordinance #1257 Page 3
b. Should a land division create parcels with an average size of greater than 40,000
square feet, the developer may choose to request a Public Works Committee
decision regarding the type of improvements required. The only option Public
Works Committee will consider other than curb & gutter section is ditch section
construction per City of Muskego specifications. Should this option be permitted,
the ditch sections shall be maintained by the developer initially and ultimately the
homeowners association. Furthermore, these restrictions outlining the
responsibility of this maintenance shall be recorded in a Developer's Agreement
approved the City's Common Council concurrent with the final land division
document.
c. Private driveways within newly created public ROW are not allowed under any
circumstance.
(2) Improvements to be Extended to Farthest Limit of Parcel or Lot: Any and all
improvements, streets, or utility services required by this Ordinance, for the
Subdivision, Certified Survey Map, or Condominium Plat shall be extended to the
farthest limit of the parcel or lot as set forth on the plans and specifications approved by
the City. If determined by the Plan Commission, based on the information of
Engineering staff, that a resulting development will cause increased affects on existing
infrastructure, the cost of all reasonably necessary improvements on the exterior of a
development, such as expanded roadways, intersections, and/or utility extensions shall
be paid by the Developer/Owner.
(3) Improvements to be Extended to Farthest Affected Area: Any and all improvements,
streets, or utility services required by this Ordinance, for the Subdivision, Certified
Survey Map, or Condominium Plat shall be extended to the farthest affected area. If
determined by the Public Works Committee, Public Utilities Committee, or Planning
Commission, based on the information of Engineering staff, that a resulting
development will cause increased affects on infrastructure, the cost of all improvements
on the exterior of a development, such as expanded roadways, intersections, and/or
utility extensions shall be paid by the Developer/Owner.
SECTION 3: 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 ordinances whose terms are in conflict with the provisions of this ordinance
are hereby repealed as to those terms that conflict.
SECTION 4: This ordinance shall be in full force and effect from and after its passage and
publication.
TH
PASSED AND APPROVED THIS 26 DAY OF JUNE , 2007.
Ordinance #1257 Page 4
CITY OF MUSKEGO
_____________________________
John R. Johnson, Mayor
First Reading: 06/12/07
ATTEST:
___________________________
th
Janice Moyer, Clerk Published this 12 day of July, 2007
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