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ORD1981412ORDINANCE 11412 AN ORDINANCE TO AMEND CERTAIN PROVISIONS OF CHAPTER 18 (LAND DIVISION 0RDINANCE)OF THE MUNICIPAL CODE OF THE CITY OF MUSKEG0 / '0 DO ORDAIN AS FOLLOWS THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, of the City of Muskego is hereby amended to add the following to the list of regulations Section 1. Section 1.4 of the Land Division Ordinance 1.4 INTENT Provide for Solar Access Section 2. Section 4.2 of the Land Division Ordinance of the City of Muskego is hereby amended to add the following: 4.2 PLAT DATA be built to affrd solar access to the rooftop and Location of the area on the lot where a structure may south wall. of the City of Muskego is hereby amended to add the following Section 3. Section 4.3 of the Land Division Ordinance paragraph to the end-of tile section - 4.3 SOIL AND W.4TER CONSERVATION The City Plan Commission, upon determining from a review of the Preliminary Plat that certain measures are required to protect solar access, requires pro- tection of the .south wall and rooftop from shading Consideration shall be given to orientation of the streets and the topography. Where the Plan Commission determines necejsary, a detailed site plan shall be submitted showi:2g that there would be no solar access conflicts with .structures and landscaping. Section 4. Sec.tion 4.4 of the Land Division Ordinance of the City of Muskego is hereby amended to add the following paragraph: 4.4 COVENANTS The City Plan Commission may require a submission of a draft of prot,sctive covenants whereby the subdivider intends to regulate building sites to protect solar access by the u,se of offsets, setback and height restrictions, which are more restrictive than the regulations of the zoning district where located. of the City of Muskego is hereby amended to amend the 5th paragraph to read as follows: Section 5. Sec.tion 5.2 of the Land Division Ordinance Setbacks or Bui'lding Lines required by the City Plan regulations of -the zoning district in which the plat Commission which are more restrictive than the is located or which are proposed by the subdivider and are to be included in recorded protective covenants Section 6. Section 5.2 of the Land Division Ordinance of the City of Muskego is further amended to amend the 10th paragraph to read as follows e Special Restrictions required by the City Plan Commission and .any other approving or objecting agency relating to access control along public ways, tions, or shorelands and floodlands. the provision of planting strips, solar access restric- J I ORDINANCE #412 - Page 2 of the City of Muskego is hereby amended to add the following to the list of information required: Section 7. Section 6.2 of the Land Division Ordinance 'a e 6.2 ADDITIONAL INFORMATION Location of the area on the lot where a structure may be built to afford solar access to the rooftop and south wall. Section 8. Section 6.2 of the Land Division Ordinance of the City of Muskego is hereby furtHer amended to amend the 7th paragraph as follows Additional Setbacks or Building Lines required by the City Plan Commission which are more restrictive than the regulations of the zoning district in which the plat is located or which are proposed by the sub- divider and are to be included in recorded protective covenants. Section 9. Section 7.1 of the Land Division Ordinance of the City of Muskego is hereby amended by amending the first paragraph to read as follows: a 7 1 STREET ARRANGEMENT In any new subdivision the street, block and lot layouts shall conform to the arrangements, width and location indicated in the official map, highway width map, comprehensive plan or component neighbor- hood development plan if any of the City, Town or County and shall be so designated as to be within the capability of the land and water resources; least regimen; and meet all the use, site, sanitary, disturb the existing terrain, flora, fauna and water City Zoning Ordinance and the Waukesha County floodland, and shoreland regulations contained in the Community Healt'h Code. In areas for which such plans have not been completed, the street layout shall recognize the functional classification of the various types of streets and shall be developed and located in proper relation to existing and proposed streets, to the topograp.hy, to such natural features as safety, to the proposed use of the land to be served streams and tree growth, to public convenience and ment of adjoining areas. The subdivision shall be by such streets, and to the most advantageous develop- designed so as to provide each lot with satisfactory solar access and access to a public street. t of the City of Muskego is hereby amended by amending the first Section 10. Section 7.5 of the Land Division Ordinance paragraph to read as-follows: - 7.5 BLOCKS The widths, lengths, and shapes of blocks shall be suited to the planned use of the land; zoning requirements; need for convenience access, control and safety of street traffic; topography; and solar access. Section 11. Section 7.6 of the Land Division Ordinance of the City of Muskego is hereby amended by amending the first paragraph to read as follows 7.6 LOTS The size, shape, and orientation of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated pleasing buildkg site, a proper architectural setting, The lots should be designed to provide an aesthetically and for solar access for the building contemplated. ORDINANCE #412 - Page 3 L. 2 Section 12. Section 7.8 of the Land Division Ordinance e paragraph to read as follows: of the City of Muskego is hereby amended by amending the first 7.8 EASEMENTS The City Plan Commission may require easements of widths deemed adequate for the intended purpose on of all rear lot lines, on each side of all side lot the property side of front lot lines, on each side lines or across lots where necessary or advisable for electric power and communication facilities, and other utility lines, and solar access. All storm and sanitary sewers, street trees, gas, water easements shall be noted on the final plat followed by reference to the use or uses for which they are intended. Section 13. Section 8.13 of the Land Division Ordinance of the City of Muskego is hereby amended to read as foll ws 9: 8.13 STREET TREES Thesubdivider shall plant a species approved by the City Plan Commission with one tree for each 50' of unless otherwise determined by the City Plan Commis- frontage on all streets proposed to be dedicated, sion on the basis of existing conditions in terms of natural tree coverage. The required trees shall be planted so that they will not interfere with solar access to south walls and rooftops. All trees shall be Class A nursery stock, free of all disease, and shall be 8-10' in height with 1%" to 1%" caliper at the point on the trunk 6" above grade after planting. All trees shall be planted and staked using proper completed in accordance with plans and specifications and appropriate methods. Tree planting shall be approved by the City Plan Commission. A bond shall be submitted in an amount determined by the City to cover the cost of the trees and planting of same and said bond will not be released until 18 months after planting. Section 14. Section 11.0 of the Land Division Ordinance of the City of Muskego is hereby amended to,add the following to the list of definitions 11.0 DEFINITIONS Solar Access Access to solar rays so there is no shading to the south wall or rooftop of any proposed structure. Any wall facing within 45' of due south. South Wall Section 15. All ordinances or parts of ordinances inconsistent with or contravening this ordinance are hereby repealed. a and effect from and after its passage and publication. Section 16. This ordinance shall be in full force PASSED AND APPROVED THIS a ATTEST : City Clerk 51 81 jm being duly sworn, doth deb,,e and say that he is an authorized representative of ............ ........ ......... .................... .............. ........ (:Signed) @&:&:& . ........ BOOKKEEP.ER. Subscribed and sworn to before me this .. .J&. . day (If ......... ....... My Commission expires . . .Feb... 13. 1983, . &ross lots, where .necessary or,advigable for electric power and commuh'ication facilities. storm, andsanitary sewers.-street trees, gas, water?andother utility lines, and ,solar access. ,All' easements shall be noted on the final plat.followed:by reference to the use or uses for-whichthey ar.e.intended. ;ion Ordinance of the City of Muskego is ~ectioh.l3.,Section'8.13 of the Land Divi- hereby.amended to read as follows: , 2 8:13 ST,REET .TREES -. .. I. " . 'The-subdivider .shall plant,.a spekies ap-~ I ,prayed by .the.City; Plan'ComdiSsion with^ one tree for, each 50"'of frontsge on.all streets 'proposed .to be dbdicated, inless otherwise. +termined ~*tiy. the City Plan CommisSipn~on'~~the;baiis~of~existingeondi- tiO.ns,in terms,'ofhatural tree coverage. The will not interfere with solar access tqsouth required trees $iall,:be planted.sq'that thee walls'and rooftops. All,treesShall be Cle'ss~A. ,nursery stock, freeof all:disease and shall be:8-10' in heightwith l'-ll4'!'to I-lh" caliper, at the point on-.th,e frunki6" above.gra.de after planting:All trees shall be planted.and 'staked .using proper .and appropriate in acc0rda;nc.e with plans and specifications methods,'Tree planting shall be'completed approved py.the. City Plan Commission: A bond shall be,submitted in an amount,deter: mined by the City tokover .the cost of the ,trees,and. planting of same aid said bond will not be, released .until.'la months aft& Dlantine. . 'Section 14. Section 11.0 of the LandlDivi- sion Ordinance of. the City'of 'Muskego is 1 hereby amended to add the following t0 the list of definitions: .Solar Access 11.0 DEFINITIONS Access to solar r,a>sso thewis no shading to'the south ~ll.o~ r<oftop,of any proppsed structure:" .: ?I ;. I .South Wall - : Any wall facing within 45" of due south. ' .Section 15. All.oidinances or parts oi;ordi- na ces inconsistent: with or.:contravening thibrdinance are ?ereby repealed.: Section 16:'This ordinariceshall be'in'full force.~an@ effect from and:after its passage I -~ ~I , -and publication, I ..:A'- - '