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ORD1994814AMENDED COMMON COUNCIL - CITY OF MUSKEGO . ORDINANCE #a14 ,, AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 18 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Land Division Ordinance) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS : SECTION 1: Chapter 18 of the Municipal Code of the City of Muskego, Wisconsin, is hereby repealed and recreated and made a part of the Municipal Code as adopted by Ordinance #814, as amended. SECTION 2: A copy of said ordinance has been on file in the office the City Clerk and open to public inspection for not less than two weeks prior to the date of this ordinance and said ordinance is hereby incorporated into the Municipal Code of the City. 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 0 terms are in conflict with the provisions of this Ordinance are shall remain in full force and effect. Any other ordinance whose hereby repealed as to those terms that conflict.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. PASSED AND APPROVED THIS 26TH DAY OF JULY , 1994. n FIRST READING 9/14/93 DEFERRED 9/28/93 6/14/94 SECOND READING 9/28/93 ATTEST: Published on the 4th day of August, 1994. 9/93 jmb STATE OF WISCONSIN ) Milwaukee County ) ss. Of&&&,Notice COMMON COUNCIL AMENDED CITY OF MUSKEGO .I I AN ORDINANCE TO REPEAL AND RE- ORDINANCE #E14 CREATE CHAPTER 18 OF THE hfLNICI- PAL CODE OF THE CWY OF MUSKEGO THE COMMON COUNCIL OF THE ClTY (Land Division Ordinance) OF MUSKEGO. WISCONSIN, DO ORDAIN AS FOLLOWS: Code of the City of Muskego, Wiseonsin. is SECTION 1: Chapter 18 of the Municipal hereby repealed and recreated and made a part ofthe Municipal Code as adopted by Or- dinance m14, m'ameided. SECTION 2 A copy of said ordinance has ken on file in the office the City Clerk and d~tnthedate.of~s-&inanceand open to ~ublic inspeetion for not less than two the Municipal We of.& City., 0rdinancearedfflaredtobeseve;rable.Uany SECTION 3 The &ved sections of this section or portion thereof ahall be declared by a decision of n wurt oieompetent juri&&on to be in*.aW unlawful, or unenforceable, EectiOnorportion thei-mfdirectly speeifedin such decision shall apply only to the specific the decision. and not affect the validity of all other provisions, sections. or portion themf of the ordiaan'ce which shall remain in rn force and effect. Any other ordinance whose terms are in conflict with the provisions of this Ordinance rn hereby repealed BB to add mdiaance. w :hereby ~. - .Into - . .~ ~. . -?!yE!% 1. ~j those terns thet Fnoict. full fo-rce and effect from and affer its passage SECTION 4 This Ordinance shall be in and Dubliratian. DAY OF JULY, 1994. P&EDAM) APPROVED THIS 26TH )udibh Ziolkowski being duly sworn, a newspaper published al ... Muskego.. ............. dolh depose ad say lhal he is an aulhorized represenlalive of The.. . MtLSkcgo SUII.. ....................... Wisconsin and lhal an advertisemenl of which the annexed is a ttue copy, taken from said paper. was published therein on ........................... ......... . fi;; ....... ........ cc : ....... ........................... ........................... n BOOKKEEPER. Subscribed and sworn to ... .. day of ................. MY Commission expires'. ..... APRIL 6. 1997 IS, David L. De Angelis, Mayor CITY OF MUSKEGO AlTEST Id Jean K Marenda City~Clerk AMENDED COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #814 AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 18 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Land Division Ordinance) I THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS : SECTION 1: Chapter 18 of the Municipal Code of the City of Muskego, Wisconsin, is hereby repealed and recreated to read as follows: 0 1 I I Ordinance #814 Page 2 SECTION 2: 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 3: This ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS 26TH DAY 0 First Reading 9/14/93 Deferred 9/28/93 & 6/14/94 Second Reading 9/28/93 Published on the 4th day of August, 1994. 9/93 jmb (COVER ORDINANCE PUBLISHED) MUSKEGO, WISCONSIN LAND DIVISION ORDINANCE Published by Order of the Common Council MUNICIPAL CODE CORPORATION Post Office Box 2235 Tallahassee, Florida 32316 1-800-262-CODE CHAPTER 18 SUBDIVISION AND PLATTING 18.01 18.02 18.03 18.04 18.05 18.06 18.07 18.08 18.10 18.11 18.12 18.13 18.14 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.30 18.31 18.32 18.33 18.34 18.35 18.36 1NTRODUCTlON Authority Short Title Purpose and Intent Abrogation and Greater Restrictions Interpretation Severability and Disclaimer of Liability Inconsistency with Other Ordinances Definitions ADMINISTRATION AND ENFORCEMENT City Planner Violations Penalties and Remedies Appeals Fees GENERAL PROVISIONS Jurisdiction and Compliance Dedication and Reservation of Lands Improvenients Existing Substandard Lots Variances Land Suitability Wooded Areas and Natural Tree Settings LAND DIVISION PROCEDURES Preapplication Preliminary Plat Final Plat Minor Land Division Extraterritorial Plats and Certified Survey Maps Replar Condominium Plats CITY OF MUSKEG0 08/01/94 DESIGN STANDARDS Streets Blocks Lots Building Setback Lines Special Restrictions Easements Public Sites and Open Spaces REQUIRED IMPROVEMENTS General Survey Monuments Grading Surfacing Curb and Gutter Sidewalks Sewage Disposal Facilities Storm Water Drainage Facilities Water Supply Facilities Other Utilities Street Lamps, Signs and Trees Improvement of Existing Half-Streets CONSTRUCTION STANDARDS 18.40 18.41 18.42 18.43 18.44 18.45 18.46 18.50 18.51 18.52 18.53 18.54 18.55 18.56 18.57 18.58 18.59 18.60 18.61 18.70 18.71 18.72 18.73 18.74 18.75 18.76 Commencement Building Permits Improvement Plan Approval Procedure Required Plans Inspection As-Built Plans Required Erosion Control CITY OF MUSKEG0 08101194 SUBDlVISlON AND PLATTING 18.01 INTRODUCTION 18.01 AUTHORITY. These regulations are adopted under the authority granted by $236.45, Wis. Stats. 18.02 SHORT TITLE. This chapter shall be known as, referred to or cited as the"LAND DIVISIONORDINANCE, CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN. " 18.03 PURPOSE AND INTENT. (1) PURPOSE. The purpose of this chapter is to regulate and control the division of land within the corporate limits of the City and its extraterritorial plat and certified survey map approval jurisdiction in order to promote public health, safety, morals, prosperity, aesthetics and general welfare of the City and its environs. (2) INTENT. It is the general intent of this chapter to regulate the division of land so as to: (a) Obtain the wise use, conservation, protection and proper development of the City's soil, water, wetland, woodland and wildlife resources and attain a proper adjust- ment of land use and development to realize the goal of supporting and sustaining the natural resource base. @) Lessen congestion in the streets and highways. (c) Further the orderly layout and appropriate use of land. (d) Secure safety from tire, panic and other dangers. (e) Provide adequate light and air (f) Facilitate adequate provision for housing, transportation, water supply, wastewater, schools, parks, playgrounds and other public facilities and services. (g) Secure safety from flooding, water pollution, disease and other hazards. (h) Prevent flood damage to persons and properties and minimize expenditures for flood relief and flood control projects. (i) Prevent and control erosion, sedimentation and other pollution of surface and subsurface waters. CITY OF MUSKEGO 08/01/94 SUBDIVISION AND PLAlTING 18.03(2)(j) (i) Preserve natural vegetation and cover and promote the natural beauty of the City and its environs. (k) Restrict building sites on floodlands, shorelands, areas covered by poor soils or in other areas poorly suited for development. (I) Facilitate the further division of larger tracts into smaller parcels of land. (m) Ensure adequate legal description and proper survey monumentation of subdivided land. (n) Provide for the administration and enforcement of this chapter. (0) Provide penalties for its violation (p) Implement those municipal, county, watershed or regional comprehensive plans or plan components adopted by the City and in general facilitate enforcement of City development standards as set forth in the adopted regional, county and local comprehensive plans, adopted plan components, City Zoning and Building Codes. 18.04 ABROGATION AND GREATER RESTRICTIONS. It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations or permits previ- ously adopted or issued pursuant to law. However, where this chapter imposes greater restrictions, the provisions of this chapter shall govern. 18.05 INTERPRETATION. In their interpretation and application, the pro- visions of this chapter shall be held to be minimum requirements, shall be liberally con- strued in favor of the City and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes. 18.06 SEVERABILITY AND DISCLAIMER OF LIABILITY. (I) SEVER- ABILITY. If any section, provision or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby. (2) DISCLAIMER OF LIABILITY The City does not guarantee, warrant or re- present that only those areas designated as floodlands on plats and certified survey maps will be subject to periodic inundation nor does the City guarantee, warrant or represent that the soils shown to be unsuited for a given land use from tests required by the chapter are the only unsuited soils within the jurisdiction of the chapter; and thereby asserts that there is no liability on the part of the Common Council, its agencies or employees for ", CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLAlTING 18.07 flooding problems, sanitation problems or structural damages that may occur as a result of reliance upon and conformance with this chapter. 18.07 INCONSISTENCY WITH OTHER ORDINANCES. This chapter shall supersede all other general and zoning ordinances or parts thereof, inconsistent or in conflict with this chapter to the extent of the inconsistency only. 18.08 DEFINITIONS. (1) GENERAL DEFINITIONS. For the purposes of this chapter, the following definitions shall be used. Words used in the present tense include the future; the singular number includes the plural number; and the plural number includes the singular number. The word "shall" is mandatory and not discretionary. (2) SPECIFIC WORDS AND PHRASES. ADVISORY AGENCY. Any agency, other than an objecting agency, to which a plat or certified survey map may be submitted for review and comment. An advisory agency may give advice to the City and may suggest that certain changes be made to the plat or certified map or it may suggest that a plat or certified survey map be approved or denied. Suggestions made by an advisory agency are not, however, binding on the Common Council or Plan Commission. Examples of advisory agencies include the Waukesha County Land Conservation Commit- tee, the Southeastern Wisconsin Regional Planning Commission and local utility companies. ALLEY. A public or private right-of-way shown on a plat which provides secondary access to a lot, block or parcel of land. (5236.02 (I), Wis. Stats.) ARTERIAL STREET (See "STREET, ARTERIAL") BLOCK. A tract of land bounded by streets or by a combination of streets, public parks, cemeteries, railway right-of-way,'bulkhead lines or shorelines of navigable waterways and municipal boundaries. BUILDING. Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials. BUILDING LINE. A line parallel to any lot line and at a distance from the lot line to comply with terms of this chapter. CITY PLAN COMMISSION. The Commission created by the Common Council under $62.23, Wis. Stats., and authorized to plan land use within the City. CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTING 18.08(2) CITY PLANNER. The officer designated by the Common Council to administer this chapter. CERTIFIED SURVEY MAP. A map prepared by a registered land surveyor in accordance with 5236.34, Wis. Stats. Certified survey maps may, under the terms of this chapter, be used to create "minor land divisions" of not more than 4 parcels. Certified survey maps are prepared on map sheets measuring 8 1/2" by 14" at a map scale not to exceed one inch equals 200'. COLLECTOR STREET (See "STREET COLLECTOR"). COMMUNITY. A town, municipality or a group of adjacent towns or municipali- ties having common social, economic or physical interests. COMPREHENSIVE PLAN. Any extensively developed plan, also called a master plan, prepared and adopted by the Southeastern Wisconsin Regional Planning Commission, County Park and Planning Commission or City Plan Commission and certified to the Common Council under 5566.945, 59.97 and 62.23, Wis. Stats., including proposals for future land use, transportation, urban redevelop- ment and public facilities. Devices for implementation of these plans, such as zoning, official map, land division and building line ordinances and capital improvement programs, shall also be considered a part of the comprehensive plan. COPY. A true and accurate copy of all sheets of the original subdivision plat. Such copy shall be on durable white matte finished paper with legible dark lines and lettering. CUL-DE-SAC STREET (See "STREET, CUL-DE-SAC") DEPARTMENT. The Department of Agriculture, Trade and Consumer Protection. DWELLING UNIT. A building or part of a building used for a place of abode and occupied by one family. ENVIRONMENTAL CORRIDOR. Those lands containing concentrations of scenic, recreational and other natural resources as identified and delineated in the comprehensive planning'program of the Southeastern Wisconsin Region by the Southeastern Wisconsin Regional Planning Commission. These natural resource and resource-related elements include the following: CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTING 18.08(2) (a) Lakes, rivers and streams, together with their natural floodplain. (b) Wetlands. (c) Forest and woodlands. (d) Wildlife habitat areas. (e) Rough topography. (f) Significant geological formations. (g) Wet or poorly drained soils. (h) Existing outdoor recreation sites. (i) Potential outdoor recreation and related open-space sites. (i) Historic sites and structures. (k) Significant scenic areas of vistas. EXTRATERRITORIAL PLAT AND CERTIFIED SURVEY MAP APPROVAL JURISDICTION. The unincorporated area within one and one half miles of a fourth-class city or a village and within 3 miles of the City. Wherever such statutory extraterritorial powers overlap with those of another city or village, the jurisdiction over the overlapping area shall be divided on a line all points of which are equidistant from each community so that not more than one community exercises extraterritorial powers over any area. FINANCIAL GUARANTEE. A letter of credit, cash or certified check guaranteeing performance of a contract or obligation through possible forfeiture of the letter of credit, cash or certified check if such contract or obligation is unfilled by the subdivider. FILL. Sand, gravel, earth or other materials of any composition whatever placed or deposited by human beings. FINAL PLAT A map prepared in accordance with the requirements of Ch. 236, Wis. Stats., and this chapter for the purpose of dividing larger parcels into lots and conveying those lots. The lines showing where lots and other improvements are located are precise. CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATING 18.08(2) FLOODLANDS. Those lands, including the floodplains, floodways, floodfringe and channels, subject to inundation by the 100-year recurrence interval flood. FRONTAGE (LOT). The smallest dimension of a lot abutting a public street measured along the street line. FRONTAGE STREET. (See "STREET, FRONTAGE") HIGH GROUNDWATER ELEVATION. The highest elevation to which subsurface water rises. This may be evidenced by the actual presence of water during wet periods of the year or by soil mottling during drier periods. "Mottli- ng" is a mixture or variation of soil colors. In soils with restricted internal drainage, gray, yellow, red and brown colors are intermingled giving a multi-colored effect. HIGH WATER ELEVATION (SURFACE WATER). The average annual high water level of a pond, stream, lake flowage or wetland referred to an established datum plane or, where such elevation is not available, the elevation of the line up to which the presence of the water is so frequent as to leave a distinct mark by erosion, change in or destruction of vegetation or other easily recognized topographic, geologic or vegetative characteristic. IMPROVEMENT, PUBLIC. Any sanitary sewer, storm sewer, open channel, water main, roadway, park, parkway, public access, sidewalk, pedestrian way, planting strip or other facility for which the City may ultimately assume the responsibility for maintenance and operation. IRREVOCABLE LETTER OF CREDIT An agreement guaranteeing payment for subdivision improvements, entered into by a bank, savings and loan or other financial institution which is authorized to do business in this State and which has a financial standing acceptable to the City and which is approved as to form by the City Attorney. LOT. A parcel of land having frontage on a public street, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other open space provisions of the City Zoning Code. LOT, CORNER. A lot abutting 2 or more streets at their intersection provided that the corner of such intersection shall have an angle of 135" or less, measured on the lot side. CITY OF MUSKEG0 08/01/94 * SUBDIVISION AND PLAITING 18.08(2) LOT, DOUBLE FRONTAGE. A lot, other than a comer lot, with frontage on more than one street. Double frontage lots shall normally be deemed to have 2 front yards and 2 side yards and no rear yard. Double frontage lots shall not generally be permitted unless the lot abuts an arterial highway. Double frontage lots abutting arterial highways should restrict direct access to the arterial highway by means of a planting buffer or some other acceptable access buffering measure. (See Illustration No. 1) LOT, FLAG. A lot not fronting on or abutting a public street and where access to the public street system is by a narrow strip of land and where the area of the lot, for zoning purposes, shall not include the narrow strip. LOT, INTERIOR. A lot other than a comer lot, with frontage on one street. (See lllustration No. 1) MEAN SEA LEVEL DATUM. Mean Sea Level Datum, 1929 Adjustment, as established by the U.S. Coast and Geodetic Survey. MINOR LAND DIVISION. Any division of land not defined as a subdivision. Such minor land divisions shall be made by certified survey map. Illustration #I CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLAITING 18.08(2) MINOR STREET (See STREET, MINOR) MUNICIPALITY. An incorporated village or city. NATIONAL MAP ACCURACY STANDARDS. Standards governing the horizontal and vertical accuracy of topographic maps and specifying the means for testing and determining such accuracy, endorsed by all federal agencies having surveying and mapping functions and responsibilities. These standards have been fully reproduced in Appendix D of SEWRPC Technical Report No. 7, Horizontal and Vertical Survey Control in Southeastern Wisconsin. NAVIGABLE WATER. Lake Michigan, Lake Superior, all natural inland lakes within Wisconsin and all streams, ponds, sloughs, flowages and other water within the territorial limits of this State, including the Wisconsin portion of boundary waters, which are navigable under the laws of this State. The Wisconsin Supreme Court has declared as navigable, bodies of water with a bed differentiat- ed from adjacent uplands and with levels of flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis. [Muench v. Public Service Commission, 261 Wis. 2d 492 (1952) and DeGavnor and Co.. Inc. v. Deoartment of Natural Resources, 70 Wis. 2d 936 (1975)l. OBJECTING AGENCY. An agency empowered to object to a subdivision plat under Ch. 236, Wis. Stats. The City may not approve any plat upon which an objection has been certified until the objection has been satisfied. On any plat, the objecting agencies may include the Wisconsin Departments of Agriculture, Trade and Consumer Protection, Transportation (WDOT), Industry, Labor and Human Relations (DILHR), Department of Natural Resources (WDNR) and the Waukesha County Park and Planning Commission. OUTLOT. A parcel of land, other than a lot or block, so designated on the plat, but not of standard lot size, the intention of which is to either redivide into lots or combine it with one or more other adjacent outlots or lots in adjacent subdivisions or minor subdivisions in the future for the purpose of creating buildable lots. e a OWNER. A individual, firm, association, syndicate, partnership or corporation having a proprietary interest in a parcel of land. PLAT. A map of a subdivision. PRELIMINARY PLAT. A map showing the salient features of a proposed subdivision submitted to an approving authority for purposes of preliminary con- CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTING 18.08(2) sideration. A preliminary plat precisely describes the location and exterior boundaries of the parcel proposed to be divided and shows the approximate location of lots and other improvements. PUBLIC WAY. Any public road, street, highway, walkway, drainageway or part thereof. a RECORDING A PLAT. The filing of the final plat with the County Register of Deeds. REPLAT. The process of changing or the map or plat which changes the boundaries of a recorded subdivision plat or part thereof. The legal dividing of a Iarge block, lot or outlot within a recorded subdivision plat or certified survey map without changing exterior boundaries of such block, lot or outlot is not a replat. SANITARY SEWER SERVICE AREA. The area within and surrounding a city, village or other community that is planned to be served with public sanitary sewerage facilities by the year 2006. SHORELANDS. Those lands lying within the following distances; 1,000' from the high water elevation of navigable lakes, ponds and flowages or 300' from the high water elevation of navigable streams or to the landward side of the floodplain, whichever is greater. SOIL MAPPING UNIT. Soil types, slopes and erosion factors delineated on detailed operational soil survey maps prepared by the U.S. Soil Conservation Service. SOLAR ACCESS. Access to solar rays so there is no shading to the south wall or rooftop of any proposed structure. SOUTH WALL. Any wall facing within 45" of due south. STREET, ARTERIAL. A street used or intended to be used, primarily for fast or heavy through traffic. Arterial street shall include freeways and expressways as well as standard arterial streets, highway and parkways. STREET COLLECTOR. A street used or intended to be used, to carry traffic from minor streets to the major system of arterial streets including the principal entrance streets to residential developments. CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLA’ITING 18.08(2) STREET, CUL-DE-SAC. A minor street with only one outlet and having an appropriate turnaround for the safe and convenient reversal or traffic movement. STREET, FRONTAGE. A minor street auxiliary to and located on the side of an arterial street for control of access and for service to the abutting development. STREET, MINOR (Local). A street used, or intended to be used, primarily for access to abutting properties. SUBDIVIDER. Any person, firm or corporation, or any agent thereof, dividing or proposing to divide land resulting in a subdivision or replat. SUBDIVIDER’S AGREEMENT. An agreement by which the City and the subdivider agree in reasonable detail as to all of those matters which the provisions of these regulations permit to be covered by the subdivider’s agreement and which shall not come into effect unless and until an irrevocable letter of credit or other appropriate surety has been issued to the City. SUBDIVISION. The division of a lot, parcel or tract of land by the owners thereof or the owner’s agent, for the purpose of transfer of ownership or building development where the act of division creates 5 or more parcels or building sites of one and one-half acres each or less in area; or where the act of division creates 5 or more parcels or building sites of one and one-half acres each or less in area by successive division within a period of 5 years. Other divisions of land shall be termed “minor land divisions”. The definition of a subdivision shall not apply to commercial or industrial land divisions except to the extent regulated by State law. Other divisions of commercial or industrial land shall be minor land divisions. This definition shall also apply to the division of a lot, parcel or tract of land by the owners thereof or the owner’s agent for the purpose of transfer of ownership or building development where the act of division creates 5 or more parcels or building sites of any size by successive division within a period of 5 years where dedicated public improvements are required. For the purpose of this section, public improvements shall include any one of the following: (a) Sanitary sewer system (b) Water supply system. (c) Storm sewer system. (d) Roadways and streets. CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTING 18.08(2) WETLANDS. An area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions. WISCONSIN ADMINISTRATIVE CODE. The rules of administrative agencies having rule-making authority in Wisconsin, published in a loose-leaf, continual revision system as directed by 535.93 and Ch. 227, Wis. Stats., including subsequent amendments to those rules. CITY OF MUSKEG0 08101194 SUBDIVISION AND PLATTING 18.10 ADMLNISTRATION AND ENFORCEMENT 18.10 CITY PLANNER. This chapter shall be administered by the City Planner or his designee. The City Planner, in the administration of this chapter, shall: (1) Receive plats and certified survey maps from the subdivider. The City Planner shall distribute copies of plats and certified survey maps as provided for in this chapter and shall receive review comments from review agencies, boards and committees required to comment on such land division. (2) Advise the subdivider of all recommendations made by the City Plan Commission and actions taken by the Common Council. (3) Maintain records of plat and certified survey map filings, approvals, fees paid and other sureties. (4) Determine that all land divisions within the jurisdiction of this chapter requiring review by this chapter have secured the necessary review and approvals. (5) Assist the City Attorney in the prosecution of violations. 18.11 VIOLATIONS. (1) COMPLIANCE REQUIRED. No person shall build upon, divide, convey, record or place monuments on any land in violation of this chapter or the Wisconsin Statutes; and no person shall be issued a City zoning, building or plumbing permit authorizing the building on or improvement of any lot, block, parcel, certified survey map or any part of any subdivision or replat within the jurisdiction of this chapter not of record as of the effective date of this chapter until the provisions and requirements of this chapter have been fully met. (2) FLOODLANDS. Every structure, fill or development placed or maintained on floodlands in violation of this chapter is hereby declared a public nuisance and the creation thereof may be enjoined and maintenance thereof abated by action at suit of the State, the City or any citizen thereof. (3) DRAINAGE TO BE MAINTAINED. No person shall obstruct the flow of surface water contrary to an approved stormwater and drainage plan so as to prevent surface water from reaching a storm sewer or drainage channel without interim ponding, except as provided in an approved stormwater and drainage plan. CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATING 18.12 18.12 PENALTIES AM) REMEDIES. (I) PENALTIES. Any person who violates or fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit not less than $100 nor more than $1,000, plus the costs of prosecution for each offense and the penalty for default of payment of such forfeiture and costs shall be imprisonment in the County Jail until payment thereof, but not exceeding 6 months. However, the maximum forfeiture where a violation of any provision of this chapter which is also a violation of a State statute, shall not exceed the maximum fine imposed by the statute. Each day a violation exists or continues shall constitute a separate offense. Violations and concomitant penalties shall include: (a) Recordation improperly made carries penalties as provided in 5236.30, Wis. Stats. (b) Conveyance of lots in unrecorded plats carries penalties as provided for in 5236.31, Wis. Stats. (c) Monuments disturbed or not placed carries penalties as provided for in 5236.32, Wis. Stats. (2) REMEDIES The City may institute appropriate action or proceedings to enjoin violations of this chapter or the applicable Wisconsin Statutes. In addition to any forfeiture imposed, the City may order an assessor’s plat to be made under 570.27, Wis. Stats., at the expense of the subdivider or his agent, when a subdivision is created by successive divisions of land. 18.13 APPEALS. Any person aggrieved by an objection to a plat or a failure to approve a plat may appeal therefrom, as provided in §236.13(5), Wis. Stats., within 30 days of notification of the rejection of the plat. Where failure to approve is based on an unsatisfied objection, the agency making the objection shall be made a party to the action. The court shall direct that the plat be approved, if it finds that the action of the approving or objecting agency is arbitrary, unreasonable or discriminatory. 18.14 m. (I) GENERALLY. The subdivider shall pay all fees required by this section to the City Treasurer, at the times specified, before being entitled to recording of a plat or certified survey map. (2) PRELIMINARY PLAT REVIEW. (a) At the time of application for approval or review of any of the following, the subdivider shall pay a fee, as from time to time established by resolution of the Common Council, to defray the cost of giving notice, investigation and other administrative processing: CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTING 18.14(2)(a)1. 1. Preliminary plat. 2. Reapplication for approval of any preliminary plat which has been previously reviewed. 3. Sketch preliminary plat. @) In addition to the application fee, the subdivider shall pay the administrative fee in sub. (8) of this section. (3) CERTIFIED SURVEY MAP REVIEW. The subdivider at the time of application shall pay a fee as from time to time established by resolution of the Common Council to defray the cost of giving notice, investigation or other administrative processing for approval of a certified survey map. In addition to the application fee, the subdivider shall pay the administrative fee in sub. (8) of this section. (4) IMPROVEMENT REVIEW FEE. (a) Develowr's Deuosit. The subdivider shall pay a fee known as a "Developer's Deposit" and an administration fee as estab- lished from time to time by resolution of the Common Council based on either the number of residential units or square footage potential for commercial and industrial subdivisions or based on the estimated engineering review and at the time of the submission of improvement plans and specifications to partially cover the cost to the City of checking and reviewing such plans and specifications. If at any time the "Developer's Deposit" lapses beyond 30 days of nonpayment, no further inspections or reviews will be conducted until the account is paid in full and additional funds are deposited as determined by the City. The fee shall also be used for any costs incurred by the City for legal, administrative or fiscal work which may be undertaken in connection with the plat or plan. @) Mav be RecomDuted. The fee may be recomputed, upon demand of the subdi- vider or City Engineer, after completion of improvement construction in accordance with the actual cost of such improvements and the difference, if any, shall be paid by or remitted to the subdivider. Evidence of cost shall be in such detail and form as required by the City Engineer. (5) INSPECTION FEE. The subdivider shall pay a fee which shall be added to the "Developer's Deposit" or to the letter of credit equal to the actual or projected cost of the City Engineers' or other approving authorities having jurisdiction for such inspection deem necessary, to assure that the construction of the required improvements is in compliance with the plans, specifications and ordinances of the approving authorities having jurisdiction or any other governmental authority. CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTING 18.14(6) (6) FINAL PLAT REVIEW FEE. (a) At the time of application for approval or review of any of the following, the subdivider shall pay a fee, as from time to time established by resolution of the Common Council, to defray the cost of giving notice, investigation and other administrative processing: 1. Final plat. 2. Sketch final plat. 3. Approval of any final plat which has been previously reviewed. @) In addition to the application fee, the subdivider shall pay the administrative fee in sub. (8) of this section. (7) ENGINEERING FEE. The subdivider shall pay a fee equal to the actual cost to the City for all engineering work incurred by the City in connection with the plat or certified survey map. Engineering Work shall include the review of construction plans and preparation of standard specifications. The Common Council shall require the subdivider to furnish all, some or part of the required construction plans in which case no engineering fees shall be levied for such plan preparation. Inspection, checking and reviewing work has fees provided for in subs. (4) and (5) of this section. (8) ADMINISTRATIVE FEE. The subdivider shall pay a fee equal to the cost of any legal, administrative or fiscal work which may be undertaken by the City in connection with the plat. Legal work shall include the drafting of contracts between the City and subdivider. These fees may also include the cost of obtaining professional opinions including, but not limited to, attorneys, engineers, landscape architects and land planners requested by the Common.Council or Plan Commission in connection with the land division being considered. At the time of application, a fee as from time to time established by resolution of the Common Council, shall be submitted to defray the cost of giving notice, investigation or other administrative processing a petition for legal lot status. (9) PUBLIC SITE FEE. Such public site dedication fees as may be required by 518.21 and sub. (8) of this chapter CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLAITING 18.20 GENERAL PROVISIONS 18.20 JURISDICTION AND COMPLIANCE. (1) JURISDICTION. Jurisdiction of these regulations shall include all lands and waters within the corporate limits of the City and those lands within the extraterritorial jurisdiction of the City as established in 5561.35, 62.23(2) and 236. IO, Wis. Stats. The provisions of this chapter which apply to divisions of tracts of land into less than 5 parcels shall not apply to: (a) Transfers of interest in land by will or pursuant to court order. (b) Leases for a term not to exceed IO years, mortgages or easements. (c) 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 sizes required by these regulations, the zoning ordinance or other applicable laws or ordinances. (d) Cemetery plats made under 5157.07, Wis. Stats. (e) Assessors' plats made under 570.27, Wis. Stats., but such assessors' plats shall comply with 55236.15(l)(a) to (g) and 236.20(1) and (2)(a) to (e), Wis. Stats. (2) COMPLIANCE. No person shall divide any land located within the jurisdictional limits of these regulations so that such division results in a subdivision, minor land division or replat as defined herein; no such subdivision, minor land division or replat shall be entitled to recording; and no street shall be laid out or improvements made to land without compliance with all requirements of this chapter and the following documents: (a) Provisions of Ch. 236, Wis. Stats. (b) Rules of the Wisconsin Department of Industry, Labor and Human Relations regulating lot size and lot elevation if the land to be subdivided is not served by a public sewer and provisions for such service have not been made. (c) Rules of the Wisconsin Department of Transportation relating to safety of access and the preservation of the public interest and investment in the highway system if the land owned or controlled by the subdivider abuts on a state trunk highway or connecting street. CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTING 18.20(2)(d) (d) Rules of the Wisconsin Department of Natural Resources setting water quality standards preventing and abating pollution and regulating development within floodland, wetland and shoreland areas. (e) Approved comprehensive plan or comprehensive plan components of the City. (f) The City zoning ordinance and all other applicable local and county ordinances. a 18.21 DEDICATION AND RESERVATION OF LANDS. (1) STREETS, HIGHWAYS, AND DRAINAGEWAYS. Whenever a tract of land to be subdivided within the jurisdiction of this chapter encompasses all or any part of an arterial or collector street, drainageway, other public way or public access to navigable lakes or streams which has been designated in the adopted regional, County or City comprehen- sive plan or adopted comprehensive plan components or on the official City map, such public way shall be made a part of the plat or certified survey map and dedicated or reserved by the subdivider in the locations and dimensions indicated on such plan, comprehensive plan component or map and as set forth in 5518.40 through 18.46 of this chapter. a (2) SCHOOLS, PARKS, ENVIRONMENTAL CORRIDORS AND OTHER OPEN SPACES. Whenever a tract of land to be divided within the City encompasses all or part of a school site, park site, environmental corridor or other open space, other than streets, highways, drainageways, other public ways or public access to navigable lakes or streams which has been designated on an adopted regional, County or City comprehensive plan or adopted comprehensive plan component of the City, such school site, park site, environmental corridor or other open space shall be made a part of the plat or certified survey map and dedicated or reserved by the subdivider in the locations and dimensions indicated on such plan and in accordance with the procedures in 518.46. (3) PROPOSED PUBLIC LANDS OUTSIDE THE CORPORATE LIMITS. Proposed public lands outside of the corporate limits of the City but within the jurisdictional area of these regulations shall be reserved for acquisition by the town or county in accordance with the regulations of the affected jurisdiction. (4) FLOODLANDS AND SHORELANDS. Whenever floodlandsand shorelands are contained in a tract of land proposed to be divided into lots, building sites or parcels of less than 5 acres in area, all floodlands and those shorelands designated for park, recreation, environmental corridor or other open space land use in a comprehensive plan or a component of such a comprehensive plan prepared by State, regional, county or municipal agencies and adopted or acknowledged by the City and lying within the below specified distances from the high water elevation shall, at the discretion of the Common CITY OF MUSKEG0 08/01/94 e SUBDIVISION AND PLATTING 18.21(5) Council following recommendation by the Plan Commission, be dedicated to the public by the subdivider. In lieu of dedication, all such designated floodlands and shorelands shall be reserved by the subdivider for a period not to exceed IO years, unless extended by mutual agreement, for acquisition by the State, county or local unit of government at fair market value at the time of the filing of the final plat or shall be reserved for the recreational use of the future residents of the land to be divided, with stream or lake bank maintenance easements given to the unit of government which has jurisdiction. The lot area should generally not include such shorelands and floodlands. (5) PROPORTIONATE PAYMENT IN LIEU OF DEDICATION. (a) If the Common Council has determined that such dedication is not feasible or compatible with development of the community, the developer shall in lieu thereof pay to the City at the time of application a fee, as from time to time established by resolution of Common Council, to defray the impact the additional residences will place on the park system. @) Such fees shall be placed in a nonlapsing fund and shall be used exclusively for immediate or future site acquisitions or for capital improvements of parks and recre- ational areas. Such fees shall apply to units created by subdivision, certified survey map or planned unit development. e (c) Where the development results in the creation of not more than one additional unit or parcel of land, payment shall be required only for the additional unit. (d) Payment shall be in a lump sum and paid at the time of final approval of plat or certified survey map. (e) Where a lot or parcel for which payment has once been made is further divided, payment shall be required for the additional lots or parcels created. (f) The required payment shall be made before the certification of approval may be affixed to the final plat, certified survey map or planned development. 18.22 IMPROVEMENTS. Before final approval of any plat or certified survey map located within the jurisdictional limits of this chapter, the subdivider shall install street, utility and other public improvements as provided below. If such improvements are not installed as required at the time the final plat or certified survey map is submitted for approval, the subdivider shall, before recording of the final plat or certified survey map, enter into a contract with the City agreeing to install the required improvements and file with such contract a letter of credit, cash or certified check meeting the approval of the City Attorney in an amount equal to the estimated cost of the improvements, such es- timate to be made by the Finance Committee and the Common Council upon the recom- CITY OF MUSKEG0 08/01/94 I SUBDIVISION AND PLATTING 18.22(1) mendation of the City Engineer, as a guarantee that such improvements will be completed by the subdivider or his subcontractors not later than one year from the date of recording of the plat and as a further guarantee that all obligations to subcontractors for work on the development are satisfied. In addition: (1) CONTRACT APPROVALS. Contracts and contract specifications for the construction of street and utility improvements on dedicated street rights-of-way, as well as the contractors and subcontractors who are to be engaged in the construction of street and utility improvements on dedicated street rights-of-way, shall be subject to review and approval of the City Engineer and approval of the City. (2) GOVERNMENTAL UNITS. Governmental units to which these bonds and contract provisions apply may file, in lieu of such contract and bond, a letter from officers authorized to act on their behalf agreeing to comply with the provisions of this section. (3) SURVEY MONUMENTS. Before final approval of any plat within the corporate limits of the City or its extraterritorial jurisdictional limits, the subdivider shall install survey monuments placed in accordance with 4236.15, Wis. Stats., and as may be required by the City Engineer. a (4) PLATS OUTSIDE THE CORPORATE LIMITS. Before final approval by the City of any plat or certified survey map located outside the corporate limits of the City, but within the plat approval jurisdiction of the City, the subdivider shall give evidence that he has complied with all street and utility improvements of the town in which the land being platted is located. (5) WAIVER OF MONUMENTS. The City Plan Commission may waive the placing of monuments, required under §236.15(1)(b), (c) and (d) for a reasonable time on condition that the subdivider execute a surety bond to insure the placing of such monuments within the time required. (6) ADVANCE REIMBURSEMENT The subdivider shall pay the City in advance of signing the subdivider’s agreement for all fees, expenses and disbursements which are incurred by the City and reimburse the City, without limitation by reason of enumeration, for design, engineering, preparation, checking and review of designs, plans and specifications; supervision and inspection to insure that construction is in compliance with applicable plans, specifications, regulations and ordinances; and legal, administrative and fiscal work undertaken to assure and implement such compliance. a CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTING 18.23 18.23 EXISTING SUBSTANDARD LOTS. (1) CONVEYANCE RESTRICT- ED. If a lot of record does not conform to the zoning regulations of the City and adjoins along a side lot line properly held in the Same ownership, no such lot shall be conveyed to another owner nor shall a building permit be issued for a structure on such a lot except in conformity with the following: (a) Petition for Determination. The owner of such substandard lot may, at any time prior to the proposed conveyance of such lot or request for building permit, petition the City for determination as to the status of such lot. (b) Referral to Plan Commission. Such petition shall be referred to the Plan Commission for study to determine the practical possibility of a redivision of ownership to provide lots which will conform to the City zoning regulations. (c) Time Limit. The Plan Commission shall make its recommendation to the Common Council within 40 days of the date the petition was received and the Council shall act within 20 days to give the petitioner a determination. (d) Criteria. The Plan Commission in making its recommendation and the Common Council in making its determination shall give consideration, among others, to the following factors: 1. Compatibility. The size, quality and character of existing lots and building development in the immediate area with a view to maintaining compatibility and protecting existing values. 2. Sewage Disposal. Where public sewer is no1 available, the lot size necessary to insure safe sewage disposal. 3. Practicability. The economic and engineering practicability of any possible re-division. t 4. Hardship. The degree of practical hardship which may be imposed upon the owner. (e) Method of Redivision. Such redivision may be accomplished as is most appropriate by: 1 Vacation and replatting of all or a part of a recorded plat. 2. Combining of lots or parts of lots. e CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLAITING 18.23(1)(e)3. 3. Redefining of lot lines by a plat of "other divisions" as provided by 518.33. (f) Notification Procedure. The Plan Commission in making its determination shall first give notice to all property owners within loo' of the perimeter of the subject property that such a request has been submitted for consideration. (2) DETERMINATION OF OWNERSHIP. For the purpose of this section, lots and property shall be considered in the same ownership when owned by: the same individual or corporation; an individual and another in joint tenancy, or as tenants in common and either of the joint or common tenants owns other lots individually or as joint tenant in common with another; an individual and other lots are owned by his spouse and when any of such lots are owned by an individual and other lots are owned by a corporation in which such individual is an officer or director or controlling stockholder. (3) PRIOR APPROVALS. Where the owner of such substandard lot has been granted "legal lot status" under the provisions of this section prior to the effective date of this chapter, such approval shall be deemed valid. (4) COMBINATION OF NONCONFORMING LOTS. Prior to issuance of building permits for any nonconforming lot held in single ownership, the owner of such nonconforming lot shall first submit for approval a certified survey map in the manner provided in this chapter. e 18.24 VARIANCES. (1) Where in the judgment of the City Plan Commission, it would be inappropriate to apply literally the provisions of $18.40 and where, in the judgement of the Common Council, it would be inappropriate to apply literally the provisions of $18.50 of this chapter because the proposed subdivision is located outside the corporate limits of the City or because exceptional or undue hardship would result, the Plan Commission or Council may grant a variance from any requirement to the extent deemed just and proper. (2) No variance to the provisions of this chapter shall be granted unless the Plan Commission finds all the following facts and conditions exist and so indicates in the minutes of its proceedings: (a) ExceDtional Circumstances. There are exceptional, extraordinary or unusual circumstances or conditions where a literal enforcement of the requirements of this chapter would result in severe hardship. Such hardships should not apply generally to other properties or be of such a recurrent nature as to suggest that this chapter should be changed. CITY OF MUSKEG0 08/01/94 io SUBDIVISION AND PLATTING 18.24(2)@) (b) Preservation of Propertv Riehts. Such variance is necessary for preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity. (c) Absence of Detriment. The variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this chapter or the public interest. (d) A minimum of 5 affirmative Plan Commission member votes shall be required to grant any variance of this chapter. (e) The Common Council may waive the placing of monuments required under 6236.15(1)@), (c), and (d), Wis. Stats., for a reasonable time, not to exceed one year, on condition that the subdivider execute a surety bond to insure the placing of such monuments within the required time limits established by statute. Additional time may be granted upon show of cause. (3) When such relief is granted, it shall be without detriment to the public good, without impairing the intent and purpose of this chapter or the desirable general develop- ment of the City in accordance with the adopted regional, county or City comprehensive plans or adopted plan components. The reasons shall be entered in the Plan Commission minutes. 18.25 LAND SUITABILITY. No land shall be subdivided as a plat or certified survey map which is determined to be unsuitable for such use by the Plan Commission, upon the recommendation of the City Engineer or any other agency as determined by the Plan Commission, for reason of flooding, inadequate drainage, adverse soil or rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities or any other feature likely to be harmful to the health, safety or welfare of future residents of the proposed subdivision or the City. In addition: (I) FLOODLANDS. (a) No lot served by public sanitary sewerage facilities shall have less than its required lot area, as specified in the zoning district regulations, below the elevation of the 100-year recurrence interval flood or, where such data is not avail- able, the elevation shall be determined by a registered professional engineer and the sealed documents shall be approved by the City Engineer. (b) For planned development projects served by public sanitary sewerage facili- ties, no lot shall have less than the average lot area, as specified by the Plan Commis- sion, below the elevation of the 100-year recurrence interval flood or where such data CITY OF MUSKEG0 08/01/94 SUBDlVISION AND PLATTING 18.25(1)(c) is not available, the elevation shall be determined by a registered professional engineer and the sealed documents shall be approved by the City Engineer (c) No lot of one acre or less in area served by an on-site sanitary sewage disposal (septic tank or mound) system shall include floodlands. All lots more than one acre in area served by a septic tank system or mound system shall contain not less than 40,000 square feet of land which is at an elevation above the elevation of the 100-year recurrence interval flood or, where such data is not available, the elevation shall be determined by a registered professional engineer and the sealed documents shall be approved by the City Engineer, (2) SHORELANDS. Shorelands shall not be divided into building sites which are to be served by soil absorption waste disposal systems. (3) FILL MATERIALS. (a) Lands made, altered or filled with non-earth materials within the last IO years shall not be divided into building sites which are to be served by soil absorption waste disposal systems. @) Lands made, altered or tilled with non-earth materials within the preceding 20 years shall not be divided into building sites which are to be served by soil absorption waste disposal systems except where soil tests prepared by a professional soil scientist clearly show the soils are suited to such use. Soil reports shall include, but need not be limited to, an evaluation of soil permeability, depth to groundwater, depth to bedrock, soil bearing capacity, and soil compaction. To accomplish this purpose, a minimum of one test per acre shall be made initially. The City does not guarantee, warrant or represent that the required samples represent conditions on an entire property and thereby asserts that there is no liability on the part of the Common Council, its agencies or em- ployees for sanitary problems or structural damages that may occur as a result of reliance upon such tests. (4) STEEP SLOPES. Each Lot proposed to be served by an onsite soil absorption sewerage disposal system shall have 50% of its minimum required lot area or 20,000 square feet, whichever is less, in slopes of less than 12%. (5) SHALLOW BEDROCK. Lands having bedrock within 6’ of the natural undisturbed surface shall not be divided into building sites to be served by soil absorption sewage disposal systems. (6) SHALLOW GROUNDWATER TABLE. Lands having ground water within 6’ of the natural undisturbed surface shall not be divided into building sites to be served by soil absorption sewage disposal systems. ClTY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTING 18.25(7) (7) PERCOLATION RATES. Soils having a percolation rate slower than 60 minutes per inch shall not be divided into building sites to be served by soil absorption sewage disposal systems. (8) PLAN COMMISSION. The Plan Commission, in applying the provisions of this section, shall in writing recite the particular facts upon which it bases its conclusion that the land is unsuitable for residential use and afford the subdivider an opportunity to present evidence in rebuttal to such finding of unsuitability, if he so desires. Thereafter, the Commission may affirm, modify or withdraw its determination of unsuitability. 18.26 WOODED AREAS AND NATURALTREE SETTINGS. The subdivider shall not remove trees in anticipation of a land division until he has gained preliminary subdivision approval. Each tree removed in preparation for development shall be replaced on a 1 to 1 ratio. Heavily wooded areas should be preserved insofar as possible and by application of reservation and dedication provisions of this chapter and other applicable ordinances. CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTING 18.30 LAND DIVISION PROCEDURES 18.30 PREAPPLICATION. (I) It is recommended that prior to the filing of an application for the approval of a preliminary plat or certified survey map, the subdivider consult with the City Planner and all affected utilities in order to obtain advice and assistance. This consultation is neither formal nor mandatory but is intended to inform the subdivider of the purpose and objectives of these regulations, the adopted regional, county or City comprehensive plans or adopted plan components and plan implementation ordinances of the City and to otherwise assist the subdivider in planning his development. In so doing, both the subdivider and planning agency may reach mutual conclusions regarding the general program and objectives of the proposed development and its possible effects on the neighborhood and City and the subdivider will gain a better understanding of subsequent required procedures. (2) Prior to formal submittal of a preliminary plat as outlined below, the subdivider shall submit a preliminary sketch or concept plan for review by the Plan Commission. The purpose of such a sketch is to gain tentative approval from the Plan Commission prior to expending time and resources on a preliminary plat. This review by the Plan Commission is not binding on either the City or the subdivider. 18.31 PRELIMINARY PLAT. (1) REVIEW Before submitting a final plat for approval, the subdivider shall prepare a preliminary plat, which shall be clearly marked "preliminary plat", and a letter of application. The preliminary plat shall be prepared in accordance with this chapter and the subdivider shall file 40 folded copies of the plat with the City Clerk or designee at least 45 days prior to the meeting of the Plan Commis- sion at which action is desired. In addition: (a) The City Clerk or designee shall, within 2 normal work days after filing, transmit 2 copies to the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP); additional copies to the Department of Agriculture, Trade and Consumer Protection (DATCP) for retransmission of 2 copies each to the Wisconsin Department of Transportation (WDOT), if the subdivision abuts or adjoins a State trunk highway or connecting highway, Department of Industry, Labor and Human Relations (DILHR), if the subdivision is not served by a public sewer and provision for such service has not been made, and Department of Natural Resources, if navigable waters, shoreland/ wetlands or floodlands are contained within the proposed subdivision. The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP), Department of Transportation, Department of Natural Resources and Department of Industry, Labor, and Human Relations (DILHR) shall hereafter be referred to as objecting agencies. CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLAITING 18.31(l)(b) @) The City Planning Department shall transmit 4 copies to the Waukesha County Park and Planning Commission, 7 copies to the City Plan Commission, 7 copies to the Common Council and one copy each to the following City departments; Building, Utility, Public Works, Parks and Recreation (to be reviewed by the City Park Board), Police, City Assessor, City Engineer and Fire Department for their review and recommendations concerning matters within their jurisdiction. The recommendations, if any. of City boards, commissions and departments shall be transmitted to the City Plan Commission within 30 days from the date the plat is filed. The preliminary plat shall then be reviewed by the City Plan Commission for conformance with this chapter and all ordinances, rules, regulations, comprehensive plans and comprehensive plan components. (c) The City Planning Department shall transmit 2 copies to the Wisconsin Natural Gas Company and one copy each to the Wisconsin Electric Power Company, Wisconsin Bell Telephone Company, the cable television franchisee and the Muskego- Norway School District for their review and information concerning matters within their jurisdiction. Their comments, if any, shall be transmitted to the City Plan Commission within 30 days from the date the plat is filed. a (d) The City Plan Commission is designated as the recommending agency with respect to design and layout of the preliminary plat under 6618.40 and 18.50. (e) The Wisconsin Departments of Agriculture, Trade and Consumer Protection (DATCP), Transportation (WDOT), Natural Resources and Industry, Labor and Human Relations (DILHR) shall hereafter be referred to as objecting agencies. The County Park and Planning Commission is designated an approving agency when the plat is located in the extraterritorial plat approval jurisdiction of the City and is hereafter referred to as an objecting agency when the plat is located within the corporate limits of the City. The Southeastern Wisconsin Regional Planning Commission is an advisory planning agency created under 866.945, Wis. Stats., in part for the purpose of serving the City and its commissions; the county and its commissions, town board or commissions and State agencies having jurisdiction under the provisions of this chapter (2) PRELIMINARY PLAT APPROVAL. The objecting agencies shall, within 20 days of the date of receiving their copies of the preliminary plat, notify the subdivider and all other approving and objecting agencies of any objections. If there are no objections, they shall so certify on the face of the copy of the plat and shall return that copy to the City Plan Commission. If an objecting agency fails to act within 20 days, it shall be deemed to have no objection to the plat. (a) The City Plan Commission shall, within 60 days of the date of filing of a preliminary plat with the City Clerk, examine the preliminary plat as to its conformance CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTING 18.31(2)@) with this chapter; consider review comments from objecting agencies, City staff and other agencies required to review and comment on the preliminary plat; and shall recommend approval, approval with conditions or rejection of the preliminary plat to the Common Council. (b) The Common Council shall, within 90 days of the date of filing a preliminary plat with the City Clerk or designee, approve, approve conditionally or reject such plat. If the preliminary plat is approved conditionally or rejected, the City shall state, in writing, any conditions of approval or the reasons for rejection. One copy each of the plat and letter shall be placed in the Plan Commission permanent files. (c) Failure of the Common Council to act within 90 days of the date of filing, or within the times as extended by agreement with the subdivider, shall constitute an approval. (d) Approval or conditional approval of a preliminary plat shall not constitute automatic approval of the final plat, except that if the final plat is submitted within 6 months of preliminary plat approval and conforms substantially to the preliminary plat layout as provided under §236.11(1) (b), Wis. Stats., the final plat shall be entitled to approval with respect to such layout. If the final plat is not submitted within 6 months of the last required approval of the preliminary plat, any approving authority may refuse to approve the final plat. In addition, the approval or conditional approval of a preliminary plat shall become null and void if the final plat is not submitted within one year of the last required approval of the preliminary plat. An approved preliminary plat shall be deemed an expression of approval or conditional approval of the layout submitted and used as a guide in the preparation of the final plat, which will be subject to further consideration by the City Plan Commission and Common Council at the time of its submission. e (e) Upon approval or conditional approval of a preliminary plat from the Plan Commission or the Common Council, the subdivider may proceed with installation of subdivision improvements after approval of the engineering plans by the City Engineer, Public Works Committee and Public Utility Committee, approval of all other applicable agencies and submittal to the City of copies of all permits and letters of approval and/or may submit a final plat for review. The subdivider shall enter into a contract with the City agreeing to install the required improvements and shall file with the contract a letter of credit, cash or certified check meeting the approval of the City Attorney in an amount equal to the estimated cost of the improvements, such estimate to be made by the Finance Committee and Common Council upon the recommendation of the City Engineer, as a guarantee that such improvements will be completed by the subdivider or his subcontrac- tors not later than one year from the date of recording of the plat and as a further guarantee that all obligations to subcontractors for work on the development are satisfied. CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLAlTING 18.31(3) If after the approval or conditional approval of the Preliminary Plat by either the Plan Commission or the Common Council, the subdivider creates a substantial change to the subdivision layout, the City shall require the resubmittal of a preliminary plat in conformance with sub. (I) above. A substantial change to the subdivision layout will have presumed to occur if the external boundaries of the subdivision plat are changed in any manner, there is an increase in the number of lots by more than 5%, there is a change in street configuration or a permitting agency denies a permit on which the plat depends. If the change is made at the request of the City, a substantial change shall not be presumed to occur and the subdivider may proceed with submittal of a final plat. (3) SUBMITTAL REQUIREMENTS. (a) SenemJ. A preliminary plat shall be required for all subdivisions and shall be based upon a survey by a registered land surveyor (RLS) and the plat prepared on tracing cloth, reproducible drafting film or paper of good quality at a preferred sheet size of 22" x 30" and a map scale of not more than 100' to the inch and shall show correctly on its face the following information: 1. Title or name under which the proposed subdivision is to be recorded. Such title shall not be the same as or similar to a previously approved and recorded plat, unless it is an addition to a previously recorded plat and so stated on the plat. 2. Property location of the proposed subdivision by: government lot, quarter section, section, township, range, county and state. 3. General location sketch showing the location of the subdivision within the U.S. Public Lands Survey section. 4. Date, graphic scale and north arrow. 5. Names and addresses of the owner, subdivider and land surveyor preparing the plat. 6. Entire area contiguous to the proposed plat owned or controlled by the subdivider shall be included on the preliminary plat even though only a portion of the area is proposed for immediate development. The Plan Commission may waive this requirement where it is unnecessary to fulfill the purposes and intent of this chapter and severe hardship would result from strict application thereof, @) Plat Data. All preliminary plats shall show the following: 1. Exact length and bearing of the exterior boundaries of the proposed subdivision referenced to a corner established in the U.S. Public Land Survey and total acreage encompassed thereby. e CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTING 18.31(3)@)2. 2. Locations of all existing property boundary lines, structures and the first floor elevations thereof, drives, visible and known wells, streams and watercourses, all wet- lands, rock outcrops, wooded areas, railroad tracks and other similar significant natural and man-made features within the tract being subdivided or immediately adjacent thereto, within a distance of 200'. 3. Location, right-of-way width and names of all existing streets, alleys or other public ways, easements, railroad and utility rights-of-way and all section and quarter section lines within the exterior boundaries of the plat or immediately adjacent thereto, within a distance of 200'. 4. Location and names of any adjacent subdivisions, parks and cemeteries and owners of record of abutting unplatted lands. 5. Type, width and elevation of any existing street pavements within the exterior boundaries of the plat or immediately adjacent thereto, together with any legally established centerline elevations, based on the National Geodetic Vertical Datum of 1929. 6. Location, size and invert elevation of any existing sanitary or storm sewers, culverts and drain pipes, location of manholes, catch basins, hydrants, electric and communication facilities, whether overhead or underground, and the location and size of any existing water and gas mains within the exterior boundaries of the plat or immediately adjacent thereto, based on the National Geodetic Vertical Datum of 1929. If no Sewers or water mains are located on or immediately adjacent to the tract, the nearest sewers or water mains which might be extended to serve the tract shall be indicated by their direction and distance from the tract, size and invert elevations. 7 Corporate limits lines. 8. Existing zoning on and adjacent to the proposed subdivision. 9. Existing contours to National Map Accuracy Standards at vertical intervals of not more than 2'. Elevations shall be marked on such contours based on the National Geodetic Vertical Datum of 1929 and be so noted on the face of the document. At least 2 permanent bench marks shall be located in the immediate vicinity of the plat; the location of the bench marks shall be indicated on the plat, together with their elevations referenced to the National Geodetic Vertical Datum of 1929 and be so noted on the face of the document, and the monumentation of the bench marks clearly and completely described. CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTING 18.31(3)(b)10. IO. Highwater elevation of all ponds, streams, lakes, flowages and wetlands within the exterior boundaries of the plat or located within 100’ therefrom referenced to the National Geodetic Vertical Datum of 1929 and so be noted on the face of the dccu- men t . 1 1. Water elevations of all streams, ponds, lakes, flowages and wetlands within the exterior boundaries of the plat and located within 100’ therefrom at the date of the survey, referenced to the National Geodetic Vertical Datum of 1929 and so be noted on the face of the document. 12. Floodplain limits of the 100-year recurrence interval flood, as determined by the federal flood insurance study or other technical document, or where such data is not available, the elevation shall be determined by a registered professional engineer and the sealed documents shall be approved by the City Engineer. The contour line lying a verti- cal distance of 2’ above the elevation of the 100-year recurrence interval flood or, where such data is not available, the elevation shall be determined by a registered professional engineer and the sealed documents shall be approved by the City Engineer, within the exterior boundaries of the plat or located within 100’ therefrom. 13. Location and results of soil boring tests within the exterior boundaries of the plat made to a depth of 6’, unless bedrock is at a lesser depth. The number of such tests shall be adequate to portray the character of the soil and the depth of bedrock and groundwater from the natural undisturbed surface. To accomplish this purpose, a mini- mum of one test per 3 acres shall be made initially. The City Engineer may require that additional tests be provided. The results of such tests shall be submitted along with the preliminary plat. 14. Location of soil percolation tests where required by gILHR 85.06, Wis. Adm. Code, taken at the location and depth in which the soil absorption waste disposal systems are to be installed. The number of such tests initially made shall not be less than one test per 3 acres or one test per lot, whichever is greater. The results of such tests shall be submitted along with the preliminary plat. 15. Location, width and names of all proposed streets and public rights-of-way such as alleys and easements. 16. Approximate dimensions of all lots together with proposed lot and block numbers. CITY OF MUSKEG0 08/01/94 0 e SUBDIVISION AND PLATTING 18.31(3)@)17. 17. Location and approximate dimensions of any sites to be reserved or dedicated for schools, parks, environmental corridors, drainageways or other public use or open space or which are to be used for group housing, shopping centers, church sites or other private uses not requiring lotting. 18. Approximate radii of all curves, 19. Any proposed riparian lake and stream access with a small drawing clearly indicating the location of the proposed subdivision in relation to the access. 20. Any proposed lake and stream improvement or relocation and notice of application for approval by the Department of Natural Resources, when applicable. 21, Any additional information required by the Common Council, Engineer or Plan Commission, including the location of the area on the lot where a structure may be built to afford solar access to the rooftop and south wall. 22. Approximate location of all wetlands based on aerial photographs provided by the Southeastern Wisconsin Regional Planning Commission. (c) Street Plans and Profiles. The Plan Commission, upon the recommendation of the City Engineer, may require that the subdivider provide street plans and profiles showing existing ground surface, proposed and established street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision when requested. All elevations shall be based upon mean sea level (1929) datum, and plans and profiles shall meet the approval of the City Engineer. (d) Testlnp. The Plan Commission, upon the recommendation of the City Engineer, may require borings and soundings be made in specified areas to ascertain subsurface soil, rock and water conditions, including depth to bedrock and depth to ground water table. The City does not guarantee, warrant or represent that those soils tested and shown to be unsuited for specific uses are the only unsuited soils within the City and thereby asserts that there is no liability on the part of the Common Council, its agencies or employees for sanitation problems or structural damage that may occur as a result of reliance upon and conformance with this chapter Where the subdivision will not be served by public sanitary sewer service, Ch. IHLR 85, Wis. Adm. Code, shall be complied with and the appropriate data submitted with the preliminary plat. (e) Soil and Water Conservation. The Common Council shall require the subdivider to provide soil erosion and sedimentation control plans and specifications prepared by a registered professional engineer. Such plans shall follow the guidelines and standards in the U.S. Conservation Service Technical Guide adopted by the Waukesha a CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTING 18.31(3)(e)l. County Land Conservation Committee and shall be in accordance with standards in $18.76 of this chapter and Ch. 29 of the Municipal Code. In addition: 1. Tree cutting and shrubbery clearing shall be so conducted as to prevent erosion and sedimentation and preserve and improve scenic qualities. 2. Paths and trails shall not exceed IO' in width and shall be so designed and constructed as to result in the least removal and disruption of trees and shrubs and the minimum impairment of natural beauty. 3. Earth movements such as grading, topsoil removal, mineral extraction, water- course changing, road cutting, waterway construction or enlargement, removal of streams or lake bed materials, excavation, channel clearing, ditching, drain tile laying, dredging and lagooning shall be so conducted as to prevent erosion and sedimentation and to least disturb the natural fauna, flora, watercourse, water regimen and topography. 4. Review of cutting, clearing and earth movement may be requested through the Waukesha County Land Conservation Committee, State District Fish and Game Managers and Forester by the Plan Commission as they deem appropriate. 5. The Plan Commission, upon determining from a review of the preliminary plat that certain measures are required to protect solar access, requires protection of the south wall and rooftop from shading. Consideration shall be given to orientation of streets and topography. Where the Plan Commission determines necessary, a detailed site plan shall be submitted showing that there would be no solar access conflicts with struc- tures and landscaping. (0 Covenants. 1 The Plan Commission shall require submission of a draft of protective covenants, where a covenant is proposed, whereby the subdivider intends to regulate land use in the proposed subdivision and otherwise protect the proposed development. Covenants shall be subject to review and approval of the City Attorney as to legality and form. The City shall not be responsible for enforcing private covenants. 2. The Plan Commission may require a submission of a draft of protective cove- nants whereby the subdivider intends to regulate building sites to protect solar access by the use of offsets, setback and height restrictions which are more restrictive than the regulations of the zoning district where located. (g) Easements. Easements shall be shown on the preliminary plat and shall be limited to utility easements, drainage easements, conservation easements, access ease- ments, scenic easements, mineral easements or air rights easements. Easements shall not CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLAlTING 18.31(3)(h) be used for the conveyance of street rights-of-way, pedestrian rights-of-way, park or school lands or other public lands requiring dedication. (h) Affidavit. The surveyor preparing the preliminary plat shall certify on the face of the plat that it is a correct representation of all existing land divisions and features and that he has fully complied with the provisions of this chapter. 18.32 FINAL PLAT. (I) REVIEW. The subdivider shall prepare a final plat and letter of application in accordance with this chapter and file 39 folded copies of the plat with the City Clerk or designee at least 30 days prior to the meeting of the Plan Commis- sion at which action is desired. In addition: (a) The City Clerk or designee shall provide the plat and required copies to the City Planner, who shall, within 2 normal work days after filing, transmit 2 copies to the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP); addi- tional copies to the Department of Agriculture, Tradeand Consumer Protection (DATCP) for retransmission of 2 copies each to the Wisconsin Department of Transportation (WDOT), if the subdivision abuts or adjoins a State trunk highway or connecting high- way; the Department of Industry, Labor and Human Relations (DILHR), if the subdivi- sion is not served by a public sewer and provision for such service has not been made, and Department of Natural Resources, if navigable waters, shoreland/wetlands or flood- lands are contained within the proposed subdivision. The Departments of Agriculture, Trade and Consumer Protection (DATCP), Transportation, Natural Resources and Indus- try, Labor and Human Relations (DILHR) shall hereafter be referred to as objecting agencies. @) The City Planning Department shall transmit 4 copies to the Waukesha County Park and Planning Commission, 7 copies to the City Plan Commission, 7 copies to the Common Council and one copy each to the following City departments: Building. Utility, Public Works, Parks and Recreation (to be reviewed by the City Park Board), Police, City Assessor, City Engineer, and Fire Department for their review and recom- mendations concerning matters within their jurisdiction. The recommendations, if any, of City boards, commissions and departments shall be transmitted to the City Plan Com- mission within 30 days from the date the plat is filed. The final plat shall then be review- ed by the City Plan Commission for conformance with this chapter and all ordinances, rules, regulations, comprehensive plans and comprehensive plan components. (c) The Planning Department shall transmit 2 copies to the Wisconsin Natural Gas Company and one copy each to the Wisconsin Electric Power Company, Wisconsin Bell Telephone Company, cable television franchisee and Muskego-Norway School Dis- trict for review and information concerning matters within their jurisdiction. Their com- CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTING 18.32(1)(d) ments, if any, shall be transmitted to the Plan Commission within 30 days from the date the plat is filed. (d) The City Plan Commission is designated as the recommending agency with respect to design and layout of the final plat under the provisions of 818.40 et seq. and the Common Council is designated as the approving authority with respect to all sections of this chapter. (e) The Wisconsin Departments of Agriculture, Trade and Consumer Protection (DATCP), Transportation (WDOT), Natural Resources (DNR) and Industry, Labor and Human Relations (DILHR) shall hereafter be referred to as objecting agencies. The County Park and Planning Commission is designated as an approving agency when the plat is located in the extraterritorial plat approval jurisdiction of the City and is hereafter referred to as an objecting agency when the plat is located within the corporate limits of the City. The Southeastern Wisconsin Regional Planning Commission is an advisory planning agency created under 666.945, Wis. Stats., in part for the purpose of serving the City and its commissions; county and its commissions, town board or commissions and State agencies having jurisdiction under the provisions of this chapter. (f) The Plan Commission shall examine the final plat as to its conformance with the approved preliminary plat; any conditions of approval of the preliminary plat; this chapter and all ordinances, rules, regulations, adopted regional, county or City comprehensive plans and adopted components which may affect it and shall recommend approval, conditional approval or rejection of the plat to the Common Council. (g) The approved preliminary plat may be final platted in phases with each phase encompassing only that portion of the approved preliminary plat which the subdivider proposes to record at one time. However, it is required that each such phase be final platted and designated as a phase of the approved preliminary plat. (h) Upon approval of the final plat from the Plan Commission or Common Coun- cil, the subdivider may proceed with installation of subdivision improvements after approval of the engineering plans by the City Engineer, Public Works Committee and Public Utility Committee, approval of all other applicable agencies and submittal to the City of copies of all permits and letters of approval andlor may submit a final plat for review. The subdivider shall enter into a contract with the City agreeing to install the re- quired improvements and shall file with the contract a letter of credit, cash or certified check meeting the approval of the City Attorney in an amount equal to the estimated cost of the improvements, such estimate to be made by the Finance Committee and Common Council upon the recommendation of the City Engineer, as a guarantee that such im- CITY OF MUSKEG0 08/01/94 e SUBDIVISION AND PLATTING 18.32(1)(i) provements will be completed by the subdivider or his subcontractors not later than one year from the date of recording of the plat and all obligations to subcontractors for work on the development are satisfied. (i) If after approval or conditional approval of the preliminary plat by either the Plan Commission or Common Council, the subdivider creates a substantial change to the subdivision layout, the City shall require the resubmittal of a preliminary plat in conformance with $18.31(1) above. A substantial change to the subdivision layout will be presumed to have occurred if the external boundaries of the subdivision plat are changed in any manner, there is an increase in the number of lots by more than 5%, there is a change in street configuration or a permitting agency denies a permit on which the plat depends. If the change is made at the request of the City, a substantial change shall not be presumed to have occurred and the subdivider may proceed with submittal of a final plat. (2) APPROVAL. The objecting agencies shall, within 20 days of the date of receiving their copies of the final plat, notify the subdivider and all other approving and objecting agencies of any objections. If there are no objections, they shall so certify on the face of the copy of the plat and shall return that copy to the City Plan Commission. If an objecting agency fails to act within 20 days, it shall be deemed to have no objection to the plat. In addition: (a) Submission. If the final plat is not submitted within 6 months of the last required approval of the preliminary plat, the Common Council may refuse to approve the final plat. @) Plan Commission Action. The City Plan Commission shall, within 30 days of the date of filing of the final plat with the City Clerk or designee, recommend approv- al, conditional approval or rejection of the plat and shall transmit the final plat and application along with its recommendations to the Common Council. (c) Notification. The Common Council, after it determines to approve the plat, shall give at least IO days prior written notice of its intention to the clerk of any municipality whose boundaries are within 1,000’ of any portion of the proposed plat, but failure to give such notice shall not invalidate any such plat. (d) Common Council Action. The Common Council shall, within 60 days of the date of filing the original final plat with the City Clerk or designee, approve or reject such plat unless the time is extended by agreement with the subdivider. All corrections required by the objecting and approving agencies shall be made to the final plat prior to placement on the Common Council agenda. If the plat is rejected, the reasons shall be slated in the minutes of the meeting and a written statement of the reasons forwarded to 0 CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTING 18.32(2)(e) the subdivider and surveyor. The Common Council may not inscribe its approval on the final plat unless the City Clerk certifies on the face of the plat that the copies were forwarded to the objecting agencies as required herein, the date thereof and that no objections have been filed within 20 days or, if filed, have been met. (e) ADUrOVd. If the Common Council fails to act within 60 days, time having not been extended, no unsatisfied objections having been filed and all fees payable by the subdivider having been paid, the plat shall be deemed approved. (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 shall cause the certificate inscribed upon the plat attesting to such approval to be executed and the Clerk shall record the plat with the County Register of Deeds. The Register of Deeds shall not record the plat unless it is offered within 30 days from the date of the last approval. I I (g) m. The subdivider shall file a reproducible mylar and 11 folded copies of the final plat with the City Clerk or designee for distribution to the City Assessor and Engineer and Planing, Building, Public Works, Utility, Fire, Police and other affected departments and agencies for their files. e I (h) Installation of Imorovements. Upon approval of the final plat from the Plan Commission or Common Council, the subdivider may proceed with installation of subdivision improvements after approval of the engineering plans by the City Engineer, Public Works and Public Utility Committees, approval of all other applicable agencies and submittal to the City of copies of all permits and letters of approval and/or may submit a final plat for review. The subdivider shall enter into a contract with the City agreeing to install the required improvements and file with the contract a letter of credit, cash or certified check meeting the approval of the City Attorney in an amount equal to the estimated cost of the improvements, such estimate to be made by the Finance Committee and Common Council upon recommendation of the City Engineer, as a guarantee such improvements will be completed by the subdivider or his subcontractors not later than one year from the date of recording of the plat and as a further guarantee that all obligations to subcontractors for work on the development are satisfied. (i) If after approval or conditional approval of the preliminary plat by either the Plan Commission or Common Council, the subdivider creates a substantial change to the subdivision layout, the City shall require the resubmittal of a preliminary plat in confor- mance with §18.31(1) above. A substantial change to the subdivision layout will be presumed to have occurred if the external boundaries of the subdivision plat are changed CITY OF MUSKEG0 08/01/94 SUBDlVlSlON AND PLA'ITlNG 18.32(3) in any manner, there is an increase in the number of lots by more than 5%, there is a change in street configuration or a permitting agency denies a permit on which the plat depends. If the change is made at the request of the City, a substantial change shall notbe presumed to have occurred and the subdivider may proceed with submittal of a final plat. (3) SUBMI'ITAL REQUIREMENTS. (a) General. A final plat prepared by a registered land surveyor shall be required for all subdivisions. It shall comply in all respects with the requirements of 5236.20, Wis. Stats. @) Additional Information. The plat shall show correctly on its face, in addition to the information required by 5236.20, Wis. Stats., the following: 1. Exact length and bearing of the centerline of all streets. 2. Exact street width along the line of any obliquely intersecting street. 3. Railroad rights-of-way within and abutting the plat. 4. Setbacks or building lines required by the Plan Commission under the guidelines in 518.43 of this chapter. 5. Easements shall be shown on the preliminary plat and limited to utility, drainage, conservation, access, scenic, mineral or air rights. Easements shall not be used for conveyance of street rights-of-way, pedestrian rights-of-way, park, school or other public lands requiring dedication. 6. All lands reserved for future public acquisition or reserved for the common use of property owners within the plat. If property reserved for common use is located within the subdivision, provisions and plans for its use and maintenance shall be submitted with the plat. A note shall be placed on the face of the plat noting ownership and maintenance of all common use areas and that deed restrictions are on file at the County Register of Deeds. 7. A note on the face of the plat noting ownership and maintenance obligations of all drainage swales, easements, retention and detention ponds or other facilities. 8. Special restrictions required by the Plan Commission and any other approving or objecting agency relating to access control along public ways, provision of planting strips, solar access restrictions, preservation of wetlands, more restrictive yard requirements or special restrictions for environmenfally significant lands. CITY OF MUSKEGO 08/01/94 SUBDlVlSION AND PLAlTING 18.32(3)@)9. 9. Location, area, depth and type of soil absorption waste disposal system for each building site, if applicable. 10. Floodplain limits of the 100-year recurrence interval flood as determined by the federal flood insurance study or other technical document, or where such data is not available, the elevation shall be determined by a registered professional engineer and the sealed documents shall be approved by the City Engineer. The contour line lying a vertical distance of 2' above the elevation of the 100-year recurrence interval flood or, where such data is not available, the elevation shall be determined by a registered professional engineer and the sealed documents approved by the City Engineer within the exterior boundaries of the plat or located within 100' therefrom. 11. Where the Common Council, Plan Commission or Engineer finds that additional information relative to a particular problem presented by a proposed development is required to review the final plat, it shall have the authority to request in writing such information from the subdivider. 12. Delineation of all wetlands and shorelandlwetlands based on a field staking by the U.S. Army Corps of Engineers, the Wisconsin Department of Natural Resources, the Southeastern Wisconsin Regional Planning Commission or other agency or firm certified to make such delineation by the Federal Government or Wisconsin Department of Natural Resources. 13. Location of soil boring tests. The number of such tests shall be adequate to portray the character of the soil and depths of bedrock and groundwater from the natural undisturbed surface. To accomplish this purpose, a minimum of one test per 3 acres shall be made initially. The results of such tests shall be submitted along with the certified suriey map. 14. Location of soil percolation tests where required by GILHR 85.06, Wis. Adm. Code, taken at the location and depth in which soil absorption waste disposal systems are to be installed. The number of such tests initially made shall not be less than one test per 3 acres or one test per lot, whichever is greater. The results of such tests shall be submitted along with the certified survey map. (c) Survev Accuracy. The City Engineer shall examine all final plats within the City and may make, or cause to be made by a registered land surveyor under the direction of the City Engineer, such field checks as the City Engineer may deem necessary or desirable for the accuracy and closure of survey, the proper kind and location of monuments and legibility and completeness of the drawing. CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTING 18.32(3)(c)l. 1. The maximum error of closure beforeadjustment of the survey of the exterior boundaries of the subdivision shall not exceed that which is permitted by state statute. 2. All street, block and lot dimensions shall be computed as closed geometric figures based upon the control provided by the closed exterior boundary survey. 3. Where the plat is located within a U. S. Public Land Survey quarter-section, the corners of which have been relocated, monumented and coordinated by the City, Waukesha County or the Southeastern Wisconsin Regional Planning Commission, the tie required by 5236.20(3)@), Wis. Stats., shall be expressed in terms of grid bearing and distance; and the material and Wisconsin State Plane Coordinates of the monument marking the relocated section or quarter comer to which the plat is tied shall be indicated on the plat. The grid bearing and distance of the tie shall be determined by a closed survey meeting the error of closure herein specified for the survey of the exterior boundaries of the subdivision and the street, block and lot dimensions shall comply with the requirements of 5236.15, Wis. Stats. 4. The Common Council shall receive the results of the City Engineer’s examination prior to approving the final plat. (d) Survevine and Monumenting. Final plats shall meet all the surveying and monumenting requirements of $236.15, Wis. Stats. (e) S-. Where the plat is located within a US. Public Land Survey quarter section the corners of which have been relocated, monumented and placed on the Wisconsin State Plane Coordinate System by the Southeastern Wisconsin Regional Planning Commission, Waukesha County or the City, the plat shall be tied directly to 2 or more of the section or quarter corners so relocated, monumented and coordinated. The exact grid bearing and distance of such tie shall be determined by field measurements and the type of monument and Wisconsin Plane Coordinates of the monument marking the relocated section or quarter corners to which the plat is tied shall be indicated on the plat. All distances and bearings shall be referenced to the Wisconsin Coordinate System, South Zone. The grid bearing and distance of the tie shall be determined by a closed survey meeting the error of closure herein specified for the survey of the exterior boundaries of the subdivision and as adjusted to the City’s control survey. (0 Certificates. All final plats shall provide all the certificates required by 8236.21, Wis. Stats. In addition, the surveyor shall certify that he has fully complied with all the provisions of this chapter CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTING 18.32(3)(g) (9) Recordation. The final plat shall be recorded with the Waukesha County Register of Deeds only after the certificates of the Wisconsin Department of Agriculture, Trade and Consumer Protection, the Common Council, the surveyor and those required by 88236.21 and 236.12(4), Wis. Stats., are placed on the face of the plat. The plat shall be recorded by the City Clerk within 30 days of its approval by the Common Council. (h) Duolicate Plat Required. The subdivider shall provide a duplicate reprduc- ible copy of the plat on dimensionally stable polyester film to the City, with 11 folded blueline copies and one copy in DXF format on 3-1/2" diskette. 18.33 MINOR LAND DIVISION. (1) DEFINED. Any division of land not defined as a "subdivision" is a minor land division. (2) CERTIFIED SURVEY MAP. (a) When Allowed. When it is proposed to divide land into at least 2 but not more than 4 parcels or building sites; to create by land division not more than 4 parcels or building sites within a recorded subdivision plat without changing the exterior boundaries of a block, lot or outlot; or divide any number of parcels greater than one and one-half acres in size (thus not constituting a "subdivi- sion" as defined in 818.08 of this chapter), the subdivider may subdivide by use of a certified survey map. The certified survey map shall include all parcels of land under ownership or control of the subdivider. The certified survey map shall be prepared in accordance with sub. (4) of this section. (b) Exceotion. When the parcels to be created by a land division are 20 acres or more in area and are not intended for development, the Plan Commission may waive the requirement of a certified survey map. (3) APPLICATION REQUIREMENTS. A preapplication conference similar to the consultation suggested in 818.20 of this chapter is recommended prior to submitting the sketch or preliminary map for approval. Prior to submitting a certified survey map or plat of survey for approval, the subdivider shall submit a preliminary map or sketch to the City Plan Commission for approval, which shall be sufficient in detail to determine whether the final certified survey map will meet the requirements of this chapter and all ordinances, rules, regulations, adopted regional, county and City comprehensive plans or adopted plan components which affect it. At a minimum, all sketches shall be submitted using the City Cadastral Map as the base map. After approval of the prelimi- nary map or sketch by the City Plan Commission, the subdivider shall file 10 copies of the certified survey map and the letter of application with the City Clerk or designee 11 days prior to the Plan Commission Meeting. CITY OF MUSKEG0 08/01/94 SUBDIVlSlON AND PLATTING 18.33(4) (4) CERTIFIED SURVEY MAP SUBMITTAL REQUIREMENTS. (a) General. 1. A certified survey map prepared by a registered land surveyor shall be required for all minor land division. It shall comply in all respects with the requirements of 8236.34, Wis. Stats. The minor land division shall comply with the design standards in 8818.40- 18.46 and the improvement requirements in 8§18.50-18.61 of this chapter. 2. A preliminary map or sketch shall be submitted to the City Plan Commission for all tracts of land proposed to be divided in accordance with 818.33. @) Remired Information. The map shall show correctly on its face, in addition to the information required by 0236.34, Wis. Stats., the following: 1. Date of the map. 2. Insert showing map of area with property location. 3. Graphic scale and north arrow 4. Name and address and the owner, subdivider and surveyor. 5. AI1 existing structures, including square footage and horizontal offset to existing and/or proposed property lines, and the first floor elevation thereof, visible and known wells, watercourses, drainage ditches, existing property lines of abutting property and other features pertinent to proper division. 6. Name of adjoining streets, highways, parks, cemeteries, subdivisions, ponds, streams, lakes, flowages, and wetlands. 7. Location of the area on the lot where a structure may be built to afford solar access to the rooftop and south wall. 8. 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 subdivider and are to be included in recorded protective covenants. 9. Additional setbacks or offsets proposed by the subdivider which are more restrictive than the regulations of the zoning district in which the plat is located. IO. All lands reserved for future public acquisition. CITY OF MUSKEG0 08/01/94 SUBDlVISION AND PLAlTING 18.33(4)@)11. 11. Floodplain limits of the 100-year recurrence interval flood as determined by the federal flood insurance study or other technical document or where such data is not available, the elevation shall be determined by a registered professional engineer and the sealed documents shall be approved by the City Engineer. The contour line lying a verti- cal distance of 2' above the elevation of the 100-year recurrence interval flood or where such data is not available, the elevation shall be determined by a registered professional engineer and the sealed documents shall be approved by the City Engineer within the exterior boundaries of the plat. 12. Easements shall be shown on the preliminary plat and shall be limited to utility easements, drainage easements, conservation easements, access easements, scenic easements, mineral easements, or air rights easements. Easements shall not be used for the conveyance of street rights-of-way, pedestrian rights-of-way, park or school lands or other public lands requiring dedication. 13. Exact length and bearing of the centerline of all streets. 14. Exact street width along the line of any obliquely intersecting street. 15. Railroad rights-of-way within and abutting the plat. 16. A drainage and grading plan for all lots on the map bearing a statement concerning the relation of all drainage swales, ponds or other facilities. 17 Special restrictions required by the Plan Commission and any other approving or objecting agency relating to access control along public ways, the provision of planting strips, solar access restrictions, to preservation of wetlands, to more restrictive yard requirements or to special restrictions for environmentally significant lands. 18. Location, area, depth and type of soil absorption waste disposal system for each building site, if applicable. 19. Delineation of all wetlands and shorelandlwetlands based on a field staking by the U.S. Army Corps of Engineers, the Wisconsin Department of Natural Resources, the Southeastern Wisconsin Regional Planning Commission or other agency or firm certified to make such delineation by the Federal Government or Wisconsin Department of Natural Resources. 20. Grading plan for the proposed land division extending 150' from the proposed property lines. CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATING 18.33(4)(~) (c) Additional Information. The Plan Commission may require that the following additional information be provided when necessary for proper review and consideration of the map: 1. Existing contours at vertical intervals of not more than 2’ where the slope of the ground surface is less 10% and of not more than 5’ where the slopes of the ground surface is 10% or more. Elevations shall be marked on such contours based on National Geodetic Vertical Datum (NGVD) of 1929 (mean sea level). The requirement to provide topographic data may be waived if the parcels created are fully developed. 2. Soil type, slope and boundaries as shown on the detailed operational soil survey maps prepared by the U. S. Soil Conservation Service. 3. Setbacks or building lines required by the City Plan Commission in accordance with the guidelines in 518.43 of this chapter. 4. Location of soil boring tests. The number of such tests shall be adequate to portray the character of the soil and depths of bedrock and groundwater from the natural undisturbed surface. To accomplish this purpose, a minimum of one test per 3 acres shall be made initially. Results of such tests shall be submitted along with the certified survey map. 5. Location of soil percolation tests, where required by SlLHR 85.06, Wis. Adm. Code, taken at the location and depth in which soil absorption waste disposal systems are to be installed. The number of such tests initially made shall not be less than one test per 3 acres or one test per lot, whichever is greater Results of such tests shall be submitted along with the certified survey map. 6. The Plan Commission may waive the requirement that the entire area contiguous to the land outlined in the proposed certified survey owned or controlled by the subdivider be included on the certified survey map even though only a portion of such area is proposed for immediate development. However, this waiver may only occur when the parcels to be created by a land division are 20 acres or more in area and are not intended for development. (d) State Plane Coordinate System. Where the map is located within a U.S. Public Land Survey quarter section the corners of which have been relocated, monumented and placed on the Wisconsin Plane Coordinate System by the Southeastern Wisconsin Regional Planning Comlnission, Waukesha County or the City, the map shall be tied directly to 2 or more of the section or quarter corners so relocated, monumented and coordinated. The exact grid bearing and distance of such tie shall be determined by CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTlNG 18.33(4)(e) field measurements and the type of monument and Wisconsin Plane Coordinates of the monument marking the relocated section or quarter corner to which the map is tied shall be indicated on the map. All distances and bearings shall be referenced to the Wisconsin Coordinate System, South Zone. The grid bearing and distance of the tie shall be deter- mined by a closed survey meeting the error of closure herein specified for the survey of the exterior boundaries of the subdivision. (e) Certificates. The surveyor shall certify on the face of the map that he has fully complied with all the provisions of this chapter. The Common Council, after approval by the Plan Commission and the recommendation by all reviewing agencies, shall certify its approval on the face of the map. 1. When a certified survey map includes the dedication of streets and other public areas, an owner's certificate in substantially the same form as required by 5236.21(2)(a), Wis. Stats., shall be required. 2. All certified survey maps shall provide all the certificates required by 5236.21, Wis. Stats. (f) Recordation. The certified survey map shall be recorded with the county register of deeds only after the certificates of the Common Council, Plan Commission, surveyor and owner are placed on the face of the map. The map shall be recorded by the City Clerk or designee within 30 days of its last approval by the Common Council. The City shall not permit the applicant, title company or any other entity to record the certified survey map. (9) DuDlicate MaD Reauired. The subdivider shall provide a duplicate reproducible copy of the map on film and in DXF format on a 3-1/2" diskette to the City. (h) Plat Notations. Any notes required by the City shall be placed on the face of the CSM prior to recording by the City. (5) PLAN COMMISSION. The City Clerk or designee shall transmit 7 copies of the map and letter of application to the Plan Commission for their review and approval. (6) RECOMMENDATIONS. The City Planing Department shall transmit a copy of the map to all affected City departments and the City Engineer for their review and recommendations concerning matters within heir jurisdiction. The recommendation shall be transmitted to the Plan Commission wihin I I days from the date the map is trans- mitted by the Planning Department. CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLAlTING 18.33(7) (7) PLAN COMMISSION APPROVAL. The Plan Commission shall approve, approve conditionally or reject the map within 45 days from the date of filing, unlesstime is extended by agreement with the subdivider, and shall transmit the map along with its recommendations to the Common Council. (8) COMMON COUNCIL APPROVAL. The Common Council shall approve, approve conditionally or reject the map within 60 days from the date of filing, unless time is extended by agreement with the subdivider. If the map is rejected, the reasons shall be stated in the resolution and a written statement forwarded to the subdivider and surveyor. (9) RECORDATION. After the certified survey map has been approved by the Common Council, the City Clerk shall cause the certificate to be inscribed upon the map attesting to such approval and the City Clerk 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 30 days from the date of the last approval. The City shall not permit the applicant, title company or any other entity to record the certi- fied survey map. (10) DISTRIBUTION'OF COPIES. The Planning Department shall distribute IO copies of the certified survey map to the subdivider, City Assessor, City Treasurer, City Engineer, City Building Director and Utility Superintendent and other affected depart- ments for their files. 18.34 EXTRATERRITORIAL PLATS AND CERTIFIED SURVEY MAPS. When the land to be subdivided lies within 3 miles of the corporate limits of the City, the subdivider shall proceed as specified in 6418.30 through 18.32, except: (I) SKETCH OR MAP NOT REQUIRED. A sketch or preliminary map for a certified survey map is not required to be approved by the Plan Commission prior to filing a certified survey map. (2) TRANSMITTAL RESPONSIBILITY The town or county clerk or county planning agency to whom the plat or certified survey map is first submitted shall be re- sponsible for transmitting copies of the plat or map to designated objecting agencies and the subdivider shall indicate which one in his application (3) APPROVAL AGENCIES. Approval agencies include the Common Council, town board and County Park and Planning Commission or County Board and the subdivider shall comply witti the land division ordinances of these agencies. CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLA7TING 18.34(4) (4) INSTALLATION OF IMPROVEMENTS. The subdivider may proceed with the installation of such improvements and under such regulations as the town board of the town within whose limits the plat lies may require. Wherever connection to any City utility is desired, permission for such connection shall be approved by the Common Council. (5) IMPROVEMENT REQUIREMENTS. All improvement requirements specified by the town board or any special improvement district in matters over which they have jurisdiction, shall be met before filing of the final plat. 18.35 REPLAT. (I) When it is proposed to replat a recorded subdivision or part thereof, so as to change the boundaries of a recorded subdivision or part thereof, the subdivider or person wishing to replat shall vacate or alter the recorded plat as provided in 55236.40 through 236.44, Wis. Stats. The subdivider or person wishing to replat shall then proceed as specified in 8§18.30 through 18.32(2). (2) The City Planner shall schedule a public hearing before the City Plan Commission when a preliminary plat of a replat of lands within the City or its extraterritorial jurisdictional limits is filed and shall cause notices of the proposed replat public hearing to be mailed to the owners of all properties within the limits of the exterior boundaries of the proposed replat and to the owners of all properties within 200’ of the exterior boundaries of the proposed replat. 0 18.36 CONDOMINIUM PLATS. A condominium plat prepared under 5703.1 I, Wis. Stats., shall be reviewed in the same manner as a subdivision plat under §§18.30 through 18.32 of this chapter. CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLAITING 18.40 DESIGN STANDARDS 18.40 STREETS. (I) ARRANGEMENT. In any new subdivision the street, block and lot layouts shall conform to the arrangement, width and location indicated on the City official map, County jurisdictional highway system plan, comprehensive plan or plan component or neighborhood 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 disturb the existing terrain, flora, fauna and water regimen; and meet all the use, site, sanitary, floodland and shoreland regulations contained in the City Zoning Code and the Waukesha County Community Health 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 exist- ing and proposed streets, to the topography, to such natural features as streams and tree growth, to public convenience and safety, to the proposed use of the land to be served by such streets and to the most advantageous development of adjoining areas. The subdi- vision shall be designed so as to provide each lot with satisfactory solar access and access to a public street. (a) Arterial streets, as defined in 618.08, shall be arranged so as to provide ready access to centers of employment, centers of governmental activity, community shopping areas, community recreation and points beyond the boundaries of the community. Arterial streets shall also be properly integrated with and related to the existing and proposed area-wide system of arterial streets and highways and shall be, insofar as practicable, continuous and in alignment with existing or planned streets with which they are to con- nect. e @) Collector streets, as defined in gt8.08, shall be arranged so as to provide ready collection of traffic from residential areas and conveyance of this traffic to the arterial street and highway system and shall be properly related to the mass transportation system, to special traffic generators such as schools, churches and shopping centers and other concentrations of population and to the arterial streets into which they connect. (c) Minor streets, as defined in 5 18.08, shall be arranged to conform to the topo- graphy, discourage use by through traffic, permit the design of efficient storm and sani- tary sewerage systems and require the minimum street area necessary to provide safe and convenient access to abutting property. (d) Proposed streets shall extend to the boundary lines of the tract being sub- divided unless prevented by topography or other physical conditions or unless the City Plan Commission finds that such extension is not necessary or desirable for the coordi- CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLAITING 18.40(l)(e) nation of the layout of the subdivision or for the advantageous development of the adjacent tracts. (e) Arterial street and highway protection. Whenever the proposed subdivision contains or is adjacent to an arterial street or highway, adequate protection of residential properties, limitation of access and separation of through and local traffic shall be provided by reversed frontage with screen planting contained in a non-access reservation along the rear property line or by the use of frontage streets consistent with sub. (2)(a) of this section. (f) Public access shall be provided to all navigable stream or lake shores. Such access shall be at least 100’ in width platted to the low watermark at intervals of not more than one-half mile as required by 5236.16(3), Wis. Stats., unless greater intervals and wider access is agred upon by the City Plan Commission, the Wisconsin Department of Natural Resources and the Department of Agriculture, Trade and Consumer Protection. All platted public access shall front on a public street, highway, parkway or other public way. (9) Reserve strips shall not be provided on any plat to control access to streets or alleys, except where control of such strips is placed with the City under conditions approved by the Plan Commission. (h) Street names shall not duplicate or be similar to existing street names and existing street names shall be projected wherever possible. Final approval of street names rests with the Common Council, upon recommendation of the Plan Commission, Public Safety Committee and Police Department. (i) Access shall be provided in commercial and industrial areas for off-street loading and service areas unless otherwise required by the Plan Commission. (2) LIMITED ACCESS HIGHWAY AND RAILROAD RIGHT-OF-WAY TREATMENT. Whenever the proposed subdivision contains or is adjacent to a limited access highway, arterial or railroad right-of-way, the design shall provide the following treatment. (a) When lots within the proposed subdivision back upon the right-of-way of an existing or proposed limited access highway, arterial or a railroad, a planting strip at least 30’ in depth shall be provided adjacent to the highway or railroad in addition to the normal lot depth. This strip shall be part of the platted lots but shall have the following restriction lettered on the face of the plat: ”This strip reserved for the planting of trees and shrubs and the building of all structures excepting public or private utility structures hereon is prohibited.” CITY OF MUSKEG0 08/01/94 0 SUBDIVISION AND PLATING 18.40(2)@) @) Where commercial and industrial districts are involved there shall be provided, on each side of the limited access highway or railroad, streets approximately parallel to and at a suitable distance from such highway or railroad for the appropriate use of the land between such streets and highway or railroad, but shall not be less than 150' from the right-of-way of the limited access highway or railroad. (c) Streets parallel to a limited access highway or railroad right-of-way, when intersecting a major street and highway or collector street which crosses a railroad or highway, shall be located at a minimum distance of 250 ' from the highway or railroad right-of-way. Such distance, where desirable and practicable, shall be determined with due consideration of the minimum distance required for future separation of grades by means of appropriate approach gradients. (d) Minor streets immediately adjacent and parallel to railroad rights-of-way shall be avoided and location of minor streets immediately adjacent to arterial streets and highways and railroad rights-of-way shall be avoided in residential areas. (3) STREET AND PEDESTRIAN WAY DESIGN STANDARDS. (a) Minimum Standards. The minimum right-of-way, construction standards and roadway width of all proposed streets and alleys shall be as specified by the City's standard specifications, comprehensive plan, comprehensive plan component, official map or neighborhood development plan or county jurisdictional highway system plan or, if no width is specified therein, the minimum width shall be as shown on Table 1. below. e CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTING 18.40(3)(b) @) Existing Rural Rieht-of-Way. The suggested R.O.W. indicated above are for urban sections; no rural sections are to be used. However, in the case of existing rural type roadway sections, right-of-way widths shall be as follows: - TABLE 1 Urban Sweet Arterial Righr-of- Way Widrh 100’ (minimum) Minor Pedestrian Ways 60’ IO’ - Collector 80’ 60’ Minor 60’ 80’ e (c) Other Reauirements. Street sections are for standard streets only. Cross sections for freeways, expressways and parkways should be based upon detailed engineering studies. In addition: 1. Cul-de-sac Streets. Cul-de-sac streets designed to have one end permanently closed shall not exceed 1,320’ in length. Urban cul-de-sac streets shall typically terminate in a tear-drop turn-around having a minimum right-of-way radius of 60’ and a minimum outside curb radius of 48’. 2. Street Grades. Unless necessitated by exceptional topography, subject to the approval of the Common Council, the maximum centerline grade of any street or public way shall not exceed the following: a. Arterial streets: 6%. b. Collector streets: 8%. c. Minor streets, alleys and frontage streets: IO%, d. Pedestrian ways: 12%, unless steps of acceptable design are provided. CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTING 18.40(3)(c)2.e. e. The Grade of any street shall in no case exceed 12% or be less than one-half of one percent. (d) Street Grades. Street grades shall be established wherever practicable so as to avoid excessive grading, the promiscuous removal of ground cover and tree growth, and general leveling of the topography. All changes in street grades shall be connected by vertical curves of a minimum length equivalent in feet to 30 times the algebraic difference in the rates of grade for arterial streets and one-half this minimum for all other streets. (e) Half-Streets. Where an existing dedicated or platted half-street is adjacent to the tract being subdivided, the other half of the street shall be dedicated by the subdivider. The platting of new half-streets shall not be permitted. (f) Roadwav Elevations. Elevations of roadways passing through floodland areas shall be designed in the following manner: 1. At least 2' above the 100-year recurrence interval flood elevation for arterial streets. 2. At least 2' above the 10-year recurrence interval flood elevation for minor streets. 3. At no less than the 100-year recurrence interval flood elevation for collector streets. (g) New and Reulacement Bridees and Culverts. All new and replacement bridges and culverts over perennial waterways, including pedestrian and other minor bridges, in addition to meeting other applicable requirements, shall be designed so as to accommodate the 100-year recurrence interval flood event without raising the peak stage, either upstream or downstream, more than .01 foot above the peak stage for the 100-year recurrence interval flood, as established in the applicable federal flood insurance study or other technical study. Larger permissible flood stage increases may be acceptable for reaches having topographic land use conditions which could accommodate the increased stage without creating additional flood damage potential upstream or downstream of the proposed structure providing that flood easements or other appropriate legal measures have been secured from all property owners affected by the excess stage increases. Such bridges and culverts shall be so designed and constructed as to facilitate the passage of ice floes and other debris. All new and replacement bridges shall be constructed in accordance with all applicable State statutes and codes and plans shall be submitted to the Department of Natural Resources (DNR) to assure compliance therewith. CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLAITING 18.40(3)(h) (h) Radii of Curvature. When a continuous street centerline deflects at any one point by more than IO”, a circular curve shall be introduced having a radius of curvature on the centerline of not less than the following: 1. Arterial streets and highways: 500’. 2. Collector streets: 300’. 3. Minor streets: 150’. 4. The Wisconsin Department of Transportation Facilities Design Manual for the design speed of the facility and shall use the greater of the two. A tangent at least 100’ in length shall be provided between reverse curves on arterial and collector streets. (4) STREET INTERSECTIONS. Streets shall intersect each other at as nearly right angles as topography and other limiting factors of good design permit. In addition: (a) The number of streets converging at one intersection shall be reduced to a minimum, preferably not more than 2. (b) The number of intersections along arterial streets and highways shall be held to a minimum. Wherever practicable the distance between such intersections shall not be less than 1200’. (c) Property lines at intersections with collectors and arterial streets, as identified by the approved street and arterial system plan for the City of Muskego, shall be rounded with a minimum radius of 15’ or of a greater radius when required by the City Plan Commission, or shall be cut-off by a straight line through the points of tangency of an arc having a radius of 15’ (d) Minor streets shall not necessarily continue across arterial or collector streets; but if the centerline of such minor streets approach the arterial streets from opposite sides within 300’ of each other, measured along the centerline of the arterial or collector street, then the location shall be so adjusted that the alignment across the arterial or collector street is continuous and a jog is avoided. (e) On all streets where sidewalks are required, ramps or openings to accommo- date handicapped individuals or vehicles shall be provided in accordance with $66.616, Wis. Stats. CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATING 18.41 18.41 BLOCKS. The widths, lengths and shapes of blocks shall be suited to the planned use of the land; zoning requirements; need for convenient access, control and safety of street traffic; topography and solar access. (1) The lengths of blocks in residential areas shall not as a general rule be less than 600’ nor more than 1500’ in length unless otherwise dictated by exceptional topography or other limiting factors of good design. (2) Pedestrian ways of not more than IO’ in width may be required where deemed necessary by the City Plan Commission to provide safe and convenient pedestrian circulation between the individual lots, streams, lakeshores, park lands or other public areas or may be required near the center and entirely across any block where deemed essential by the City Plan Commission to provide adequate pedestrian circulation or access to schools, shopping centers, churches, parks, open spaces, or transportation facilities. The final plat shall contain a special restriction addressing by whom mid-block pedestrian ways will be maintained. (3) The width of blocks shall be wide enough to provide for 2 tiers of lots of appropriate depth except where otherwise required to separate residential development from through traffic. Width of lots or parcels resewed or laid out for commercial or industrial use shall be adequate to provide for off-street sewice and parking required by the use contemplated and the area zoning restrictions for such use. a (4) Utility easements shall, where practical, be placed on mid-block easements along rear lot lines. 18.42 m. 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. The lots should be designed to provide an aesthetically pleasing building site and a proper architectural setting, and for solar access for the building contemplated. In addition: (I) LINES. Side lot lines shall be at right angles, to straight street lines or radial to curved street lines on which the lots face. Lot lines shall follow municipal boundary lines rather than cross them. (2) DOUBLE FRONTAGE AND REVERSE FRONTAGE. Double frontageand reverse frontage lots shall be prohibited except where necessary to provide separation of residential development from through traffic or to overcome specific disadvantages of topography and orientation. (3) ACCESS. Every lot shall front or abut for a distance of at least 30’ on a public street and be at least 45’ on all proposed cul-de-sacs. CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTING 18.42(4) (4) AREA AND DIMENSIONS. Area and dimensions of all lots shall conform to the requirements of the City Zoning Code or zoning ordinance of the jurisdiction where the land division occurs. Those building sites not served by a public sanitary sewer system or other approved systems shall be sufficient to permit the use of an on-site soil absorption sewage disposal system designed in accordance with Ch. ILHR 83, Wis. Adm. Code, and administered by Waukesha County. In no case shall the width and area of lots located on soils suitable for the use of an on-site soil absorption sewage system be less than 150' in width and 40,000 square feet in area. (5) RESUBDIVISION. Whenever a tract is subdivided into parcels 5 acres or less in area and more than twice the minimum lot area required for the zoning district in which such parcel is located, the Plan Commission may require such parcels to be arranged and dimensioned so as to allow resubdivision of any such parcels in accordance with the provisions of this chapter and in conformance with the City or county zoning ordinance. (6) DEPTH. Depth of lots shall be a minimum of 100'. Excessive depth in relation to width shall be avoided and a proportion of 2 to one shall be considered a desirable ratio under normal conditions. Depth and width of lots or parcels reserved or laid out for commercial or industrial use shall be adequate to provide for off-street service and parking required by the use contemplated and the zoning restrictions for such use. (7) EXTRA DEPTH. Double frontage and reverse frontage lots, where permitted to provide separation of residential development from through traffic or to overcome specific disadvantages of topography and orientation, shall provide an extra lot depth of 30' or landscaped buffering unless a greater depth is specified herein. (8) WATER'S EDGE. Lands lying between the meander line and the water's edge and any otherwise unplattable lands which lie between a proposed subdivision and the water's edge shall be included as part of lots, outlots or public dedications in any plat abutting a stream or lake. (9) WIDTH. Width of lots shall conform to the requirements of the zoning ordinance or other applicable ordinance, and in no case shall a lot be less than 80' in width at the base setback line. (10) CORNER LOTS. Corner lots shall be designed and platted with at least IO' of extra width over and above the minimum required for the zoning district wherein located to permit adequate building setbacks from side streets and access shall be restricted to the minor street. CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTING 18.42(1 I) (11) The shape of lots shall generally be rectangular, with lots platted on cul-de-sacs generally narrower at the street line than at the rear lot line. 18.43 BUlLDING SETBACK LINES. (I) Building setback lines, appropriate to the location and type of development contemplated, which are more or less restrictive than the regulations of the zoning district in which the plat is located, may be required by the Plan Commission, if under planned development. Building setback lines appropriate to the location and type of development contemplated which are more restrictive than the regulation of the zoning district in which the plat is located, may be required by the Plan Commission and shall be shown on the final plat or certified survey map. Examples of the application of this provision include requiring greater setbacks on cul-de-sac lots to achieve the necessary lot width at the setback line, requiring greater setbacks to conform to setbacks of existing adjacent development or setting special yard requirements to protect natural resource elements. (2) Shoreland/wetland and isolated wetland setbacks, in addition to those required by the City Zoning Code, may be required by the Plan Commission. 18.44 SPECIAL RESTRICTIONS. Special restrictions which are appropriate to the location or design of the land division may be required by the Plan Commission and shall be shown on the final plat or certified survey map. Examples of the application of this provision include access control along public ways, required planting and buffering strips, and prohibition of structures and vegetative clearing in environmentally significant lands. e 18.45 EASEMENTS. (I) UTILITY. The Plan Commission may require utility easements of widths deemed adequate for the intended purpose on each side of all rear lot lines and on each side of all side lot lines or across lots where necessary or advisable for electric power and communication facilities, storm and sanitary sewers; street trees, gas, water, street lights and other utility lines and solar access. All easements shall be noted on the final plat followed by reference to the use or uses for which they are intended. (2) DRAINAGE EASEMENTS. Where a subdivision is traversed by a watercourse, drainageway channel or stream, an adequate easement shall be provided. The location, width, alignment, and improvement of such drainageway or easement shall be subject to the approval of the City Engineer; and parallel streets or parkways may be required in connection therewith. Where necessary, storm water drainage shall be maintained by landscaped open channels of adequate size and grade to hydraulically accommodate maximum potential volumes of flow, subject to review and approval by the City Engineer. All easements shall be noted on the final plat followed by reference to the use or uses for which they are intended. CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTING 18.46 18.46 PUBLIC SITES AND OPEN SPACES. (I) In the design of the plat, due consideration shall be given to the reservation of suitable sites of adequate area for future schools, parks, playgrounds, drainageways, environmental corridors and other public purposes. If designated on the comprehensive plan, comprehensive plan component, official map or component, neighborhood development plan, if any, such areas shall be made a part of the plat as stipulated in 818.11 of these regulations. If not so designated, consideration shall be given in the location of such sites to the preservation of scenic and historic sites, stands of fine trees, marshes, lakes and ponds, watercourses, watersheds and ravines. (2) Accordingly, each subdivider of land in the City shall, at the discretion and direction of the Plan Commission, either dedicate open space lands designated on the City comprehensive plan or plan component or reserve such open space lands and pay a public site fee or, where no open space lands are directly involved, pay a public site fee. The Plan Commission shall, at the time of reviewing the preliminary plat or certified survey map, select one of the following options and record its selection in the minutes of the meeting at which the preliminary plat is presented for approval: (a) Dedication of Site Option. Whenever a proposed playground, park or other public open space land designated on the City's comprehensive plan, neighborhood unit development plan or other comprehensive plan component is encompassed, all or in part, within a tract of land to be subdivided, the public lands shall be made a part of the plat and be dedicated to the public by the subdivider at the rate of 5% of the total net area of the subdivision for schools and 5% of the total net area for parks; one acre for each 50 proposed or potential dwelling units; and any such proposed public lands in excess of the rate established herein shall be reserved for a period not to exceed 3 years, unless extended by mutual agreement, for purchase by the public agency having jurisdiction at undeveloped land prices. If lands in excess of the established rate are not acquired within the 3-year period, they will be released from dedication to the owner. (b) Reservation of Site Option. Whenever a proposed playground, park or other public open space land designated on the City's comprehensive plan, neighborhood unit development plan or other comprehensive plan component is encompassed, all or in part, within a tract of land to be subdivided, the proposed public open space lands shall be made a part of the plat and reserved at the time of final plat approval for a period not to exceed 3 years, unless extended by mutual agreement, for acquisition at undeveloped land prices by the public agency having jurisdiction and the subdivider shall pay a public site fee at the time of application for final plat approval at the rate and according to the procedures in par. (c) below. Land not acquired within the 3-year time period will be released to the owner. CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATING 18.46(2)(c) (c) Public Site Fee Option. If the proposed subdivision does not encompass a proposed public park, parkway or other open space lands or if the City Plan Commission requires the reservation of land under par. (b) above, a fee for the acquisition of public sites to serve the future inhabitants of the proposed subdivision shall be paid to the City Treasurer at the time of the signing and recording of a final plat of the subdivision or part thereof in an amount as from time to time established by resolution of the Common Council to defray the impact that the additional residences will place on the park system for each proposed dwelling unit within the plat. Public site fees collected by the City Treasurer under the provisions of this section shall be placed in a nonlapsing special fund for City parks and shall be separate from the City general fund and such special fund shall be used exclusively for the acquisition and development of park, recreation and other open space areas within the City. (d) Undatted or Unsubdivided Land. In accordance with the City Code of Ordinances, upon applying for a building permit on unplatted or unsubdivided land intended for multi-family residential or other development, the developer shall pay a public site fee in an amount as from time to time established by resolution of the Common Council to defray the impact the additional residences will place on the park system for each proposed dwelling unit or potential dwelling unit for park sites. Such payment shall be required prior to final plat approval, if the area is included on a subdivision plat; or prior to the issuance of a building permit, if the fee has not been paid as part of the subdivision review and approval process. In the alternative, the Plan Commission may require the developer of unplatted or unsubdivided lands to dedicate park lands in lieu of the required public site fee. Unplatted or unsubdivided lands dedicated shall be equal to 5-1/2 acres per 1,000 persons proposed in the development for parks. CITY Of MUSKEG0 08/01/94 SUBDIVISION AND PLAITING 18.50 REQUIRED IMPROVEMENTS 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, City Engineer, 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. 18.51 SURVEY MONUMENTS. The subdivider shall install survey monuments placed in accordance with the requirements of Ch. 236.15, Wis. Stats., and as may be required by the City Engineer. 18.52 GRADING. (1) Cut and filled lands shall be graded in accordance with the approved plans or the soils angle of repose, whichever is the lesser, and an approved cover shall be established within 30 days following completion of grading operations or such additional time period as may be approved by the Soil Erosion Inspector. (2) The subdivider shall grade the full width of the right-of-way of all streets proposed to be dedicated in accordance with plans and standard specifications approved by the City Public Works Committee, Public Utilities Committee and any agency having jurisdiction, including the Wisconsin Department of Natural Resources, upon the recommendation of the City Engineer. The subdivider shall grade the roadbeds in the street rights-of-way to subgrade. (3) Where electric and communication facilities are to be installed underground, the utility easements shall be graded to within 6" of final grade by the subdivider prior to the installation of such facilities and earth fill, piles or mounds of dirt or construction materials shall not be stored on such easement areas. 18.53 SURFAClNG. After the installation of all utility and storm water drainage improvements, the subdivider shall surface all roadways in streets proposed to be dedicated, to the widths prescribed by these regulations and the adopted regional, county or City comprehensive plans or adopted plan components. Such surfacing shall be done in accordance with plans and standard specifications approved by the City Public Works Committee, Public Utilities Committee, upon the recommendation of the City Engineer and adopted by the Common Council or its authorized agents. The second lift of asphalt shall not be installed until 90% of the lots are built upon or 36 months after the first lift of asphalt is installed, whichever is sooner for a given phase. CITY OF MUSKEG0 08/01/94 SUBDlVlSlON AND PLATING 18.54 e e 18.54 CURB AND GUTTER. The Common Council may require the subdivider to construct concrete curb and gutters in accordance with plans and standard specifica- tions approved by the City Public Works Committee, Public Utilities Committee, upon the recommendation of the City Engineer and adopted by the Common Council or its authorized agents. Mountable curbs shall generally be constructed. Wherever possible, provision shall be made at the time of construction for driveway access curb cuts. The cost of installation of all inside curbs and gutters for dual roadway pavements on the established arterial street and highway system for the City shall be borne by the City. 18.55 SIDEWALKS. (I) The Plan Commission and Common Council may require the subdivider to construct a concrete sidewalk or asphalt off-road path on one side of all frontage streets and on one or both sides of all other streets within the subdivi- sion. The construction. of all sidewalks shall be in accordance with plans and standard specifications adopted by the Common Council. (2) Wider than standard sidewalks may be required by the Plan Commission and Common Council in the vicinity of schools, commercial areas and other places of public assemblage where the potential pedestrian density may warrant and the Council may require the construction of sidewalks in locations other than required under the preceding provisions of this chapter, if such walks are necessary in their opinion, for safe and adequate pedestrian circulation. 18.56 SEWAGE DISPOSAL FACILITIES. When public sanitary sewer facilities are available to the subdivision plat or certified survey map, the subdivider shall construct sanitary sewerage facilities in such a manner as to make adequate sanitary sewerage service available to each lot within the subdivision. In addition: (I) All subdivisions within the adopted sanitary sewer service area shall be provided with public sanitary sewer facilities. (2) The subdivider shall install sewer laterals to the street lot line for all lots. (3) The size, type and installation of all sanitary sewers and sanitary sewer laterals proposed to be constructed shall be in accordance with plans and standard specifications adopted by the Common Council. (4) The subdivider shall assume the cost of installing all sanitary sewers, sewer laterals and sewer appurtenance within the proposed subdivision, except for the added cost of installing sewers greater than 8” in diameter which are necessary to serve tribu- tary drainage areas lying outside of the proposed subdivision, unless the over-sizing is required to serve vacant lands owned or controlled by the subdivider or adjacent land- owner. In addition, the subdivider shall pay to the City a sanitary sewer trunk line con- e CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTING 18.57 nection fee based on the added cost of installing larger sewers in the total tributary drainage area which shall be prorated in proportion to the ratio which the total area of the proposed plat is to the total drainage area to be served by such larger sewers. 18.57 STORM WATER DRAINAGE FACILITIES. The subdivider shall construct storm water drainage facilities, adequate to serve the subdivision which shall include, but not be limited to, curbs and gutters, catch basins and inlets, storm sewers, road ditches, open channels, water retention structures, water detention structures, temporary sedimentation basins, and settling basins. All such facilities shall be of adequate size and grade to hydraulically accommodate the maximum potential volumes of flow and shall be so designed as to prevent and control soil erosion and sedimentation and to present no hazard to life or property. In addition: (1) The City shall require the installation of stormwater detention and retention facilities which shall be designed so the post development runoff shall not exceed predevelopment rates, velocities or volumes. (2) Unpaved road ditches and street gutters shall be permitted only in in-'fill areas, where existing road ditches and street gutters exist, and the subdivider is connecting to an existing system and the placement of storm drainage facilities is not practical. Where so located, such ditches and gutters shall be shaped and seeded or sodded as grassed waterways. Where the velocity of flow is in excess of 4' per second on soils having a severe or very severe erosion hazard and in excess of 6' per second on soils having moderate, slight or very slight erosion hazard or where deemed necessary, the subdivider shall install a paved invert or check dams, flumes or other energy dissi- pating devices. (3) Shorelandlwetland and isolated wetland drainage facilities shall include water retention structures and settling basins so as to prevent erosion and sedimentation where such facilities discharge into streams or lakes. The design criteria, the size, type, grades and installation of all storm water drains and sewers and the cross-section, invert and erosion control paving, check dams, flumes or other energy dissipating structures and seeding and/or sodding or open channels and unpaved road ditches proposed to be con- structed shall be in accordance with the plans and standard specifications approved by the Common Council. (4) The subdivider shall assume the cost of installing all storm sewers within the proposed subdivision, except for the added cost of installing storm sewers greater than those which are necessary to serve tributary drainage areas lying outside of the proposed subdivision. In addition, the subdivider shall pay to the City a storm sewer trunk line connection fee based on the added cost of installing larger sewers in the total tributary CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTING 18.57(5) drainage area which shall be prorated in proportion to the ratio which the total area of the proposed plat is to the total drainage area to be served by such larger sewers. (5) Copies of all DNR and U.S. Army Corps of Engineer permits shall be submitted to the City prior to any construction of disturbances of land. 18.58 WATER SUPPLY FACILITIES. When public water supply and distri- bution facilities are available to the subdivision plat, the subdivider shall cause such water supply and distribution facilities to be installed in such a manner as to make adequate water service available to each lot within the subdivision. The subdivider shall make provision for adequate private water systems as required by the City in accordance with the standards of the Wisconsin Departments of Natural Resources and Health and Social Services. In addition: (1) All subdivisions within the water supply service area of the City shall be provided public water supply and distribution facilities or community well facilities. (2) The subdivider shall install water laterals to the street lot line for all lots. (3) Where a community well is approved by the Common Council as a water distribution system for the subdivision, the developer shall require the installation of water meters in accordance with the rules and regulations of the City and the State Plumbing Code. The meter water usage shall be the basis for establishing water rates in the subdivision. e (4) The size, type and installation of all public or private water mains proposed to be constructed shall be in accordance with plans and standard specifications approved by the Common Council. (5) The subdivider shall assume the cost of installing all water mains, water laterals and water system appurtenances within the proposed subdivision except for the added cost of installing water mains greater than 8" in diameter. The added cost of water mains greater than 8" in diameter shall be borne by the City Water Utility. 18.59 OTHER UTILITIES. (I) The subdivider shall cause gas. electrical power, cable television and telephone facilities to be installed in such a manner as to make adequate service available to each lot in the subdivision, No such electrical, telephone or cable television service shall be located on overhead poles. In addition, plans indicating the proposed location of all such utilities shall be approved by the City Engineer. CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTING 18.59(2) (2) All new electric or communication lines from which lots are individually served shall be installed underground within all newly platted subdivisions unless the Plan Commission shall find that the lots to be served by such facilities can be served directly from existing overhead facilities. Associated equipment and facilities which are pertinent to underground electric and communications systems, including but not limited to substa- tions, pad-mounted transformers, padmounted sectionalizing switches and pedestal-moun- ted terminal boxes may be located above ground. Any landscape screening plan required for such above-ground equipment shall be submitted to the affected utilities for approval. 18.60 STREET LAMPS. SIGNS AND TREES. (1) STREET. The subdivider shall pay to the City the cost to install street lamps of a design approved by the City Engineer, at each subdivision street which intersects an arterial or collector and at such interior block spacing as may be required by the Common Council. (2) SIGNS. The subdivider shall pay to the City the costs for installing street signs of a design approved by the City Superintendent of Public Works at the intersection of all streets proposed to be dedicated, which signs shall be provided and installed by the City. (3) TREES. (a) The subdivider shall plant one tree for each 50' of frontage on all streets proposed to be dedicated within and adjacent to the subdivision and located outside of the City street right-of-way and within 5' of the front lot line (on the homeowners lot), unless otherwise determined by the Plan Commission on the basis of existing conditions in terms of natural tree coverage. The following trees are deemed suitable for tree planting requirements: 1. Norway Maple - Acer planranoides. 2. Red Maple - Accr rubrum. 3. Sugar Maple - Acer saccharum. 4. White Ash - Fraxinus amcricana. 5. Marshall Seedless Green Ash - Frarinus pennsylvania suhintegurima. 6. Kentucky Coffee Tree - Gymnoclodus dioicio 7. Crabapple - Malus varieties. 8. Haphornbeam or Ironwood - Osrryo virginiono. CITY OF MUSKEG0 08/01/94 SUBDIVlSlON AND PLAITING 18.60(3)(a)9. 9. Red Oak - Quercus rubra. 10. Greenspire Linden - Tilia cordaru. 11. Honey Locust - Prosopis julljlora. @) 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 8' to 10' in height, with 3" caliper at the point on the trunk 6" above grade after planting. All trees shall be planted and staked using proper and appropriate methods, no more than 50% of any one species may be used on any street and bonds for all street trees shall be in effect for 18 months after planting. Tree planting shall be completed in accordance with plans and specifications approved by the 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 such bond will not be released until 18 months after planting. In addition: ". 1. In lieu of planting the total required number of street trees after it is determined by the Plan Commission on the basis of existing conditions in terms of natural tree coverage, the subdivider shall, at the time of final plat approval or certified survey map approval, pay a tree fee to the City Treasurer of $150 for each tree to be planted. Monies collected for tree planting shall be kept in a special tree planting fund for that purpose and shall be separate from the general fund of the City. The special funds shall be used exclusively for the acquisition and planting of trees elsewhere within the City. 2. Tree planting shall be completed by the subdivider in accordance with plans and specifications approved by and at such time as directed by the Plan Commission or Park Board. 18.61 IMPROVEMENT OF EXISTING HALF-STREETS. Where a sub- division or minor land division abuts an existing street or half-street and lots within the subdivision or minor land division access the existing street or half-street, the subdivider shall be responsible for installing and paying for half the improvements in the existing street or half-street right-of-way. The City shall be responsible for paying the remaining half of the improvements. The City's responsibility may include conducting special assessments for the benefitted properties. CITY OF MUSKEG0 08101194 SUBDIVISION AND PLA7TING 18.70 CONSTRUCTION 18.70 COMMENCEMENT. No construction or installation of improvements shall commence in a proposed subdivision until the preliminary plat or certified survey map has been approved by the Common Council and approving authorities having jurisdiction have given written authorization. No preconstruction meeting shall be scheduled or held until all permits required by the DNR, MMSD, U.S. ACOE, Waukesha County Environmental Services Department or other such agency have been received by the City and City Engineers. Inspection fees shall be required to be filed as specified in 518.14 of this chapter. 18.71 BUILDING PERMITS. (I) PERMITS REQUIRED. Nobuilding shall be constructed prior to the issuance of the necessary zoning, building and sanitary permits. No building, zoning, sanitary or other permits shall be issued for erection of a structure on any lot not of record until all the requirements of this chapter have been met. (2) INSPECTIONS. City staff shall have access to premises and structures during reasonable hours to make those inspections deemed necessary to ensure compliance with this chapter. If, however, he is refused entry after presentation of identification, he shall procure a special inspection warrant under 4963. IO, Wis. Stats., except in cases of emergency, when he shall have the immediate right of entry. a 18.72 IMPROVEMENT PLAN APPROVAL PROCEDURE. The following procedure shall be followed for all subdivision construction/ improvement plans and submittal of revised plans: (I) Five copies of each plan shall be submitted to the Planning Department for distribution to the City Engineer, Public Works Department, Utility Department, Planning Department and the Mayor’s secretary. The site grading and erosion control plan shall be forwarded to the Soil Erosion Control Inspector. The deadline for submittal is 2 weeks prior to Utility meeting and 3 full weeks prior to Public Works Committee meeting. (2) In no case will plans be accepted without a developer’s deposit, (3) In no case will plans be accepted or reviewed by the City Engineer, Public Works Department, Utility Department, Building Department or any City committee without first being processed through the Planning Department. CITY OF MUSKEG0 08/01\94 SUBDIVISION AND PLAITING 18.72(4) (4) In no case will plans be accepted unless all improvement plans are included with the submittal. Plans will not be reviewed on a piecemeal basis. The submittal shall include: grading plans, drainage plan, public improvement plans (including streets, sanitary sewer, storm sewer, water and other utilities), landscape plan and erosion control plan. An individual plan may be submitted if it is one of the total set of plans and is being submitted as a revised plan wherein the remaining plans have been previously approved. (5) Any preliminary meeting between the City Engineer and the developer shall have prior authorization of the City and there may be a fee for such meeting, depending on the scope and length of the meeting. (6) There will no longer be a review of so-called "prefinal" or "preliminary" construction plans for review by only the City Engineer. Preliminary plan submittal shall be transmitted via the Planning Department to all City reviewers for their comments in accordance with the above. These preliminary comments shall be sent to the Planning Department prior to transmittal to the applicant. Multiple reviews may be necessary and all comments from the reviewers shall be forwarded to the Planning Department with copies to the applicant. The Planning Department shall be the coordinator of plan review. (7) Each copy of the plans shall have a drawing and/or revision date in order for a it to be accepted and routed for review. (8) The Planning Department will transmit the full set of "final" construc- tionlimprovement plans to the City Engineer. The City Engineer will transmit to the outside approving agencies. Once the review is complete, the Mayor's secretary will schedule the plans for review by the appropriate committee (Utilities, Public Works, Finance) if and only if a letter of approval by the City Engineer is received. (9) It will be the applicant's responsibility to contact the Mayor's secretary, to confirm the date, time and location of the respective committee meeting. (IO) Once the City committees and outside approving agencies provide written approval, the applicant may schedule a preconstruction meeting through the Mayor's secretary. 18.73 REOUIRED PLANS. The following plans and accompanying construction specifications shall be provided by the subdivider and reviewed and approved by the Public Works Committee, Public Utility Committee, Department of Natural Resources, Milwaukee Metropolitan Sewerage District and the City Engineer before construction or installation of improvements is authorized: CITY OF MUSKEG0 08/01\94 SUBDIVISION AND PLATING 18.73(1) (1) Street plans and profiles showing existing and proposed grades, elevations and cross sections of required improvements. (2) Sanitary sewer plans and profiles showing the locations, grades, sizes, elevations and materials of required facilities. (3) Stormwater management plans, calculations and profiles showing the locations, grades, sizes, cross sections, elevations and materials of required facilities. (4) Water main plans and profiles showing the locations, sizes, elevations and materials of required facilities. (5) Erosion and sedimentation control plans showing those structures required to retard the rate of runoff water and those grading and excavating practices that will prevent erosion and sedimentation. The time span soil will be exposed and plans to protect existing vegetation (fences, tree wells, etc) shall be prepared and such plans shall generally follow the guidelines and standards set forth in the publication, U.S. Soil Conservation Service Technical Guide, adopted by the Waukesha County Land Conservation Committee. as amended. (6) Master site grading plan showing the finished grades of each lot in the subdivision. (7) Planting plans showing the locations, age, caliper and species of any required grasses, vines, shrubs and trees. (8) Additional special plans or information as required. 18.74 INSPECTION. The subdivider, prior to commencing any work within the subdivision, shall make arrangements for a preconstruction meeting conducted by the City Engineer where all details regarding the installation of the required improvements shall be presented and reviewed and shall include provisions for engineering inspection services. All engineer inspections shall be made by the City Engineer. The approving authorities or their representatives and the City Engineer shall inspect and recommend for approval all completed work prior to release of the sureties and acceptance of dedicated subdivision improvements. 18.75 AS-BUILT PLANS REOUIRED. Within 30 days following the completion and acceptance by the City Engineer of all improvelnents, the subdivider shall provide a duplicate reproducible copy of all improvement plans. Sewer and water as-builts shall be prepared by the City Engineer at the subdivider's expense. CITY OF MUSKEG0 08/01/94 SUBDIVISION AND PLATTING 18.76 18.76 EROSION CONTROL. (I) REQUIRED. The subdivider shall cause all grading, excavations, open cuts, side slopes and other land surface disturbances to be so mulched, seeded, sodded or otherwise protected that erosion, siltation, sedimentation and washing are prevented in accordance with plans and specifications approved by the Soil Erosion Control Inspector under Ch. 29 of this Municipal Code. In addition: (a) All erosion control plans shall incorporate the Wisconsin Construction Site - Best Management Practices Handbook to reduce soil loss during construction to 10% of the gross soil loss as estimated by the universal soil loss equation. @) Sod shall be laid in strips at those intervals necessary to prevent erosion and at right angles to the direction of drainage. (c) Temporary vegetation and mulching shall be used to protect critical areas and permanent vegetation shall be installed within 30 days of final grading but not past September 15th of each year. (d) Construction at any given time shall be confined to the smallest practical area and for the shortest practical period of time. (e) Sediment basins shall be installed and maintained at all drainageways to trap, remove and prevent sediment and debris from being washed outside the area being developed. (2) SHORELAND PLANTING AND SEDIMENT CONTROL. The subdivider shall plant those grasses, trees, shrubs and vines of a species and size native to Wisconsin and specified by the Common Council necessary to prevent soil erosion and protect stream and lake banks. In addition: (a) The Soil Erosion Control Inspector may require the subdivider to provide or install certain protection and rehabilitation measures, such as fencing, sloping, seeding, rip-rap, revetments, jetties, clearing, dredging, snagging, drop structures, brush mats, willow poles and grade stabilization structures. (b) Tree cutting and shrubbery clearing shall not exceed 50% of the lot or tract and shall be so conducted as to prevent erosion and sedimentation; preserve and improve scenic qualities; and, during foliation, substantially screen any development from stream or lake users. (See sub. (I) of this section). (c) Paths and trails in wooded and wetland areas shall not exceed IO' in width unless otherwise approved by the City Plan Commission, and shall be so designed and CITY OF MUSKEG0 08/01/94 a SUBDIVISION AND PLAlTING 18.76(2)(d) constructed as to result in the least removal and disruption of trees and shrubs. If a gravel path is warranted, it shall be covered and maintained with a woodchip surface. (d) Earth moving, such as grading, topsoil removal, mineral extraction, stream course changing, road cutting, waterway construction or enlargement, removal of stream or lake bed materials, excavation, channel, clearing, ditching, drain tile laying, dredging, and lagooning, shall be so conducted as to prevent erosion and sedimentation and to least disturb the natural fauna, flora, watercourse, water regimen, and topography, (See 618.75 and sub. (1) of this section). (e) Review of the conduct of such cutting, clearing and moving may be requested of the Waukesha County Land Conservation Committee, the State District Fish and Game Managers and the State District Forester by the City Erosion Control Inspector or City Plan Commission as they deem appropriate. (3) EXISTING FLORA. The subdivider shall make every effort to protect and retain all existing trees, shrubbery, vines and grasses not actually lying in public roadways, drainageways, building foundation sites, private driveways, soil absorption waste disposal areas, paths and trails. Trees are to be protected and preserved during construction in accord with sound conservation practices, including preservation of trees by well islands, temporary fencing or retaining walls whenever abutting grades are altered. In addition: a (a) Temporary vegetation and mulching shall be used to protect critical areas and permanent vegetation shall be installed as soon as practical. @) Construction at any given time shall be confined to the smallest practical area and for the shortest practical period of time. (c) Sediment basins shall be installed and maintained at all drainageways to trap, remove and prevent sediment and debris from being washed outside the area being developed. CITY OF MUSKEG0 08/01/94 INDEX Section -A- ADMINISTRATION AND ENFORCEMENT Abrogation and greater restrictions of regulations .... ... 18.04 Appeals . . ... . . 18.13 City planner .... .... . . 18.10 Fees .... ... .. .... .. .... 18.14 General provisions. . ........... ...... 18.20 et seq. Penalties and remedies ............ ....... . 18.12 Violations ......... ....... 18.11 AGREEMENTS. See: CONTRACTS AND AGREEMENTS APPEALS Procedures ...... ....... APPROVALS. See: REVIEW AND APPROVALS -B- BLOCKS Design standards BOUNDARIES Preliminary plat data requirements BRIDGES Design standards .... BUILDING PERMITS Existing substandard lots ... Inspections . . Required ... BUILDINGS Setback lines Design standards . -c- CABLE TELEVISION Other utility improvements I- I ... 18.13 ... 18.41 18.40 . . 18.23 18.71(2) 18.71(1) 18.43 18.59 CITY OF MUSKEG0 08/01/94 Section CABLE TELEVISION-Cont’d. Underground facilities Grading, required improvements , , . . . CITY COUNCIL Final plat approval .. Minor plats . , . . .. CITY PLANNER Administrative regulations. . . . . . . . . COMMERCIAL, INDUSTRIAL DISTRICTS Design standards . . . .... COMMUNICATION FACILITIES Grading, required improvements Other utility improvements COMPLIANCE Compliance requirements COMPREHENSIVE PLAN Dedication and reservation of lands Design standards for streets Final plats . . .. .. . Jurisdiction and compliance .. Land division procedures Preliminary plats Public sites and open spaces Specific words, phrases defined Variances CONDOMINIUM PLATS Land division procedures . .. .. .. CONSERVATION. See: SOIL AND WATER CONSERVATION CONSTRUCTION STANDARDS As-built plans required Building permits Commencement Erosion control , Improvement plan approval procedure Inspection , Required plans . 1-2 . . 18.52 . . . . 18.32(2) .. . . 18.33(4) . 18.10 et seq. .... . 18.40 .. 18.52 18.59 . . . . . 18.20 .... . 18.21 18.40 . . 18.32 . . 18.20 18.30 . 18.31 18.46 18.08(2) 18.24 18.36 18.75 18.71 18.70 18.76 18.72 18.74 18.73 CITY OF MUSKEG0 08/01/94 Section CONTRACTS AND AGREEMENTS Contract approvals for street, utility improvements Covenants, affidavits Subdivider agreement Preliminary plat data requirements . . . Advance reimbursement CORNER LOTS Design standards . CULVERTS Design standards . . . CURB AND GUTTER Design standards . Required improvements . . . 18.22(1) . .. 18.31(3)@) .. .. 18.22(6) ... 18.42(10) 18.40 18.40 18.54 -D- DEDICATIONS Dedication and reservation of lands . 18.2 I Public sites and open spaces . . . . . 18.46 DEFINITIONS General definitions . .. 18.08(1) Specific words, phrases defined 18.08(2) DEPARTMENT OF AGRICULTURE. TRADE AND CONSUMER PROTECTION Specific words, phrases defined 18.08(2) DESIGN STANDARDS Blocks 18.41 Building setback lines . .. .. . . . . 18.43 Easements . . . . ... .. ..... . 18.45 Lots . . 18.42 Public sites and open spaces 18.46 Special restrictions . 18.44 Streets . 18.40 DEVELOPER DEPOSITS Improvement review fee DISCLAIMER OF LIABILITY Severability and disclaimer of liahility 1-3 18.30(4) 18.06 CITY OF MUSKEG0 08/01/94 Section DRAINAGEWAYS Dedication and reservation of lands Easements Drainage easements ..... Maintaining drainage . . . . . Public sites and open spaces . . . . Storm water drainage facilities Required improvements . . . . . DUPLICATES Final plats . . . Minor plats .. EASEMENTS Drainage easements Utility easements ELECTRIC UTILITY FACILITIES Easements .... . Grading, required improvements Land division procedures Other utility improvements e ENGINEERING Engineering fee ENVIRONMENTAL CORRIDORS Dedication and reservation of lands Public sites and open spaces Specific words, phrases defined EROSION Erosion control generally Improvement plan approval procedure Purpose, intent of regulations EXCAVATIONS Erosion control plan .. . 18.21 . . . , . . . . . 18.45 .. . ,_.. . 18.11(3) .... . 18.46 .. . 18.57 .. . ... -E- . . . . . . . . . . . . 18.32(2) ... . . 18.33(4) . . 18.45 . . . 18.45 18.45 . . . 18.52 . . . . 18.31(3) . , 18.59 18.14(7) 18.21 18.46 18.08(2) 18.76 18.12 18.03 18.76 1-4 CITY OF MUSKEG0 08101194 - F- Section e FEES Administrative fee . Certified survey map review fee . . . Dedication and reservation of lands Proportional payment in lieu of fees Engineering fee . . Final plat review . . . . .. Generally . . . Improvement review fee . . . . . . . . Inspection fee .. .. ...... .. Preliminary plat review . . Public site fee . . . . ...... .. .. ... I ..... ... I Option . . . .. I FILL Fill materials Specific words, phrases defined , Land suitability . FINAL PLAT Land division procedures FINES, FORFEITURES AND OTHER PENALTIES Administration and enforcement provisions Penalties and remedies Violations FLOODING Purpose, intent of regulations . . FLOODLANDS Dedication and reservation of lands Disclaimer of liability . . Land suitability Preliminary plat data requirements Specific words, phrases defined Violations .. FLORA. See: TREES AND VEGETATION FOREST, WOODLANDS. See also: TREES AND VEGETATION Environmental corridor defined . . 18.08(2) Wooded areas and natural tree settings . 18.26 . . 18.14(8) . 18.14(3) 18.2 I l8.14(7) I8.14(6) . . . 18.14(1) . 18.14(4) 18.14(5) 18.14(2) 18.14(9), 18.21 18.46 . 18.25 .. .. . ... , , . . . 18.08(2) 18.32 . . 18.12 18.11 18.03 18.2 I 18.06 18.25 18.3 I (3)(b) 18.08(2) 18.11 1-5 CITY OF MUSKEG0 08/01/94 Section -G- GAS Easements ......... ...... GENERAL PROVISIONS General provisions of these regulations .... GEOLOGICAL FORMATIONS Environmental corridor defined GOVERNMENTAL UNITS Compliance ..... GRADING Construction plans required Erosion control plan Required improvements GROUNDWATER Land suitability HISTORIC SITES Environmental corridor defined Public sites and open spaces HYDRANTS Preliminary plat suhmittal requirements .. .. . 18.45 ...... ... . . 18.08(2) . . 18.22(1) .. -H- INTERPRETATION Of regulations . ,18.20 et seq. -I- IMPROVEMENTS. See also: PUBLIC IMPROVEMENTS Extraterritorial plats and certified survey maps INSPECTIONS Construction requirements .. 18.73 ... 18.76 . 18.52 .. 18.25(6) 18.08(2) 18.46 18.31(3) . 18.34 . 18.74 . 18.05 1-6 CITY OF MUSKEG0 08/01/94 Section INTRODUCTION Abrogation and greater restrictions Authority Definitions . Inconsistency with other ordinances Interpretation . . Purpose and intent . . . . .. Severability and disclaimer of liability Short title . . .. ... .... .. .. .. .. -J- JURISDICTION Jurisdiction and compliance -L- LAKES, RIVERS, STREAMS Dedication and reservation of lands Environmental corridor defined. . Public improvements. See that suhject Shoreland planting and sediment control plan. Surface water Drainageways. See that suhject Specific words, phrases defined Stormwater, sewers. See that suhject Environmental corridor defined. Wetlands .. LAND DIVISIONS Land division ordinance Authority ... ... ... Purpose. intent of regulations. Short title . . Condominium plats Extraterritorial plats and certified survey maps Final plat. Minor land division Preapplication. Preliminary plat. Replat. . .. ... ... Procedures . 18.04 . . 18.01 . . 18.08 . 18.07 18.05 . . 18.03 . . 18.06 . . . 18.02 . 18.20 . 18.21 . 18.08(2) . . . 18.76 I8.08(2) I8.08(2) . . 18.01 .. . 18.03 .. . 18.02 18.36 18.34 18.32 18.33 18.30 18.3 I 18.35 1-7 CITY OF MUSKEG0 08101194 Section LIGHTING Easements . . Street lamps Required improvements . . 18.45 . 18.60 LOTS Design standards. ..... .. .... 18.42 Existing substandard lots ..... . 18.23 Preliminary plat data requirements. ................. .. 18.31(3)@) Specific words, phrases defined ...... .. 18.08(2) -M- MINOR LAND DIVISION Land division procedures. MONUMENTS Final plat approval . . Survey monuments Waiver of monuments Required improvements . NONCONFORMING LOTS Existing suhstandard lots NUISANCES Violations. OBSTRUCTIONS Drainage obstructions OPEN SPACE Dedication and reservation of lands Public sites and open spaces. ORDINANCES Inconsistency with other ordinances -N- -0- 1-8 18.33 18.32(2) ...... 18.51 18.22(5) . 18.23 18.1 I 18. I l(3) 18.2 I 18.46 18.07 CITY OF MUSKEG0 08/01/94 Section -P- PARKS Dedication and reservation of lands .. . 18.21 Public sites and open spaces. . . .. 18.46 PARKWAYS. See: ROADWAYS, STREETS AND SIDEWALKS PEDESTRIAN WAYS. See: ROADWAYS, STREETS AND SIDEWALKS PENALTIES. See: FINES, FORFEITURES AND OTHER PENALTIES PLAN COMMISSION Existing substandard lots Final plat approval Land suitability. . . Minor plats PLANNED DEVELOPMENTS Land suitability. PLANS Improvement plan approval procedure PLATS. See: SURVEYS, MAPS AND PLATS POLLUTION Purpose, intent of regulations. PREAPPLlCATlON Land division procedures. PRELIMINARY PLAT Land division procedures. PRESERVING Wooded areas and natural tree settings PROPERTY Land suitability. PROPERTY RIGHTS Variances PUBLIC FACILITIES Purpose, intent of regulations. 18.23 18.32(2) 18.25(4) 18.33(4) 18.25 18.72 . 18.03 18.31 18.31 18.26 18.25 18.24 .. 18.03 1-9 CITY OF MUSKEG0 08/01/94 Section PUBLIC IMPROVEMENTS Contract approvals for street, utility improvements . . Dedication and reservation of lands . .. Easements . . . . Improvement review fee. Installation of improvements. Public site fee Required improvements As-built plans required ... .. .. Curb and gutter . . General . . . . . Grading Improvement of existing half-streets. . Other utilities . Sewage disposal facilities. Sidewalks Storm watei drainage facilities Street lamps, signs and trees Surfacing Survey monuments. Water supply facilities .. .. . . .. ... . . . . . . , .. .. Specific words, phrases defined ... .. PUBLIC WAYS. See: ROADWAYS, STREETS AND SIDEWALKS - R- RAILROAD RIGHTS-OF-WAY Design standards. RECREATION SITES Environmental corridor defined. REPLATS Land division procedures. REQUIRED IMPROVEMENTS: See: PUBLIC IMPROVEMENTS REVIEW AND APPROVALS City planner duties Data requirements . , Fees. . . Minor plats Preliminary plat review 18.22(1) .. . 18.21 . . 18.45 .. 18.22 18.14(4) . . 18.14(9), 18.21 .. .. .... .. .. . 18.75 18.54 18.50 . 18.52 18.61 18.59 18.56 18.55 18.57 18.60 18.53 18.5 I 18.58 I8.08(2) 18.40 18.08(2) 18.35 18.10(4) 18.3 I (3)(b) 18. I4 18.33(4) 18.31 1-10 CITY OF MUSKEG0 08/01/94 RIVERS. See: LAKES, RIVERS AND STREAMS ROADS, STREETS AND SIDEWALKS Contract approvals for street, utility improvements Dedication and reservation of lands Definitions . . . . Design standards. . . Easements .. .. . See: DESIGN STANDARDS Drainage easements. . . Utility easements Required improvements Half-Streets .. Preliminary plat data requirements. Public improvements. See also that subject Specific words, phrases defined Public improvements. See that suhject Required construction plans .. Required improvements . See also: PUBLIC IMPROVEMENTS Sidewalks Required improvements . Special restrictions. . Specific words, phrases defined Street lamps, signs and trees Required improvements Street signs Required improvements Surfacing Required improvements .. -s- SCHOOLS Dedication and reservation of lands Public sites and open spaces. SETBACK LINES Design standards. SEVERABILITY Severability and disclaimer of liahility .. .. . Section 18.22(1) 18.21 . 18.08 18.40 et seq. 18.45 . . 18.45 . . 18.61 18.31(3)@) 18.08(2) 18.73 18.51 .. . . 18.55 . 18.44 18.08(2) 18.60 I8.60(2) 18.53 18.21 .. 18.46 18.43 . 18.06 1-1 I CITY OF MUSKEG0 08101194 Section SEWAGE DISPOSAL FACILITIES Building permits. ... .. Improvement plan approval procedure . Public improvements. See also that subject Required improvements .. ..... Storrnwater, sewers. See that subject Utilities. See that subject Specific words, phrases defined See also that subject SHALLOW BEDROCK Land suitability. ... SHORELINES Dedication and reservation of lands Erosion control plan. Lakes, rivers and streams. See that suhject Land suitability. Soil and water conservation. See that suhject See also: SOIL EROSION SIDEWALKS. See: ROADS, STREETS AND SIDEWALKS SIGNS Required improvements .. SOIL AND WATER CONSERVATION Preliminary plat data requirements. Soil erosion control Construction plans required Erosion control plan. Improvement plan approval procedure SOIL TESTS Preliminary plat data requirements SOILS Disclaimer of liahility Land suitahility. STEEP SLOPES Land suitahility. ... 18.71 ... 18.72 I8.08(2) 18.56 .... 18.25 18.21 18.76 18.25 . 18.60 18.31(3)@) 18.73 18.76 18.72 18.06 18.25 18.25(4) 1-12 CITY OF MUSKEG0 08101194 Section STORMWATER, SEWERS Dedication and reservation of lands Maintaining drainage, obstructions. Public improvements. See also that subject Specific words, phrases defined Required improvements See also that subject Specific words, phrases defined Stormwater drainage facilities Stormwater management construction plans required STREAMS. See: LAKES, RIVERS AND STREAMS .. Required improvements . . .. STREETS. See: ROADWAYS, STREETS AND SIDEWALKS SUITS, ACTIONS AND OTHER PROCEEDINGS Appeals procedures. . . . Penalties, remedies for violations. .. .. . SURFACE WATER a Drainageways. See that subject Specific words, phrases defined . Stormwater, sewers. See that subject SURVEYS, MAPS AND PLATS City planner duties Extraterritorial plats and certified survey maps Final plat approval Land division procedures. See: LAND DIVISIONS Plats outside corporate limits. Review fees Specific words, phrases defined Survey monuments. Required improvements 18.21 18.11(3) 18.08(2) 18.56 . . . I8.08(2) 18.57 18.73 -T - TELEPHONE FACILITIES Other utility improvements. Underground facilities Grading, required improvements 18.13 18.12 18.08(2) 18.10 18.34 18.32(2) 18.30 et seq. 18.22(4) 18.14 18.08(2) 18.22(3) 18.51 18.59 18.52 1-13 CITY OF MUSKEG0 08/01/94 Section TELEVISION, CABLE. See: CABLE TELEVISION TITLE Short title TREES AND VEGETATION Construction plans required . . . . . Erosion control plan. ... Existing flora. . . . . Minor plats . . . . . . Planting strips Public improvements. See that subject Preliminary plat data requirements. . Public improvements. See also that suhject Specific words, phrases defined Required improvements . . . . See also: PUBLIC IMPROVEMENTS Special restrictions. . . . . . . Wooded areas and natural tree settings. Specific words, phrases defined UNCONSTITUTIONAL PROVISIONS Severability and disclaimer of liahility UNDERGROUND FACILITIES Grading, required improvements Other utility improvements. Preliminary plat submittal requirements Utilities. See that suhject UNPLATTED LANDS Public sites and open spaces. -u- .. .... . . 18.02 18.73 18.76 . . . 18.76(3) .. . . 18.33(4) .. . . . . . 18.31(3)(b) . . . . 18.08(2) 18.60 . . . . . . 18.44 . . . . . . . . . 18.26 . 18.08(2) .. 18.06 . . 18.52 18.59 18.31(3) 18.46 UTILITIES Electric utility facilities. See that suhject Improvement plan approval procedure 18.72 Public improvements. See also that suhject Specific words, phrases defined 18.08(2) Required improvements .. . 18.59 See also: PUBLIC IMPROVEMENTS Sewage disposal facilities. See that suhject Utility easements 18.45 Water supply facilities. See that suhject 1-14 CITY OF MUSKEG0 08/01/94 -v- VARIANCES Regulations .. ...... VEGETATION. See: TREES AND VEGETATION Section 18.24 VIOLATIONS ~~~~~ ~ Violations. .... ..... .. 18.11 penalties. See: FINES, FORFEITURES AND OTHER PENALTIES -w- WATER SUPPLY FACILITIES Hydrants, preliminary plat submittal requirements Intent of provisions. Land suitability. Preliminary plat submittal requirements Public improvements. See that subject Required improvements .. 18.31(3) 18.03 18.25 18.31(3) . 18.58 Q WETLANDS, See: LAKES, RIVERS AND STREAMS WILDLIFE HABITATS Environmental corridor defined. .. WOODED AREAS. See also: TREES AND VEGETATION Environmental corridor defined. Wooded areas and natural tree settings. -z- ZONING Building permits. . Existing substandard lots 1 .'a I8.08(2) I8.08(2) 18.26 18.71 18.23 1-15 CITY OF MUSKEG0 08/01/94 COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #E14 NANCE TO REPEAL AND RECREATE CHAPTER 18. In OF THE CITY OF MUSKEGO (Land Division Ordinance) THE COMMON OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS : SECTION 1: Chapter of the Municipal Code of the City of Muskego, Wisconsin, is h ed and made a part of the Municipal Co SECTION 2: A copy of s ordinance has been on file in the office the City Clerk an than two weeks prior to the d of this ordinance and said ordinance is hereby inco City. SECTION 3: The several secti declared to be severable. If any s be declared by a decision of a cour on or portion thereof shall competent jurisdiction to be invalid, unlawful, or only to the specific sec in the decision, and not provisions, sections, or shall remain in full for terms are in conflict with the provisions hereby repealed as to those terms that conf the Ordinance which SECTION 4: This Ordinance shall be in f force and effect from and after its passage and publication. PASSED AND APPROVED THIS DAY OF ATTEST : CITY OF MUSKEGO David L. De Ang FIRST READING 9 DEFERRED 9/28/9 SECOND READING 9/28/93 City Clerk Published on the of , 1994. 9/93 jmb ORDINANCE #E14 AN ORDINANCE EPEAL AND RECREATE CHAPTER 18 OF THE MUNIC CODE OF THE CITY OF MUSKEG0 THE COMMON COUNCI 0, WISCONSIN, DO ORDAIN AS FOLLOWS : SECTION 1: Chapt Code of the City of Muskego, Wisconsi nd recreated to read as follows: Page 2 Ordinance #814 SECTION 2: 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 conflict with the provisions of this ordinance are hereby repealed in full force and effect. Any other ordinance whose terms are in as to those terms that conflict. SECTION 3: This ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS DAY OF , 1994 David L. De Angelis, Mayor 0 ATTEST: Clerk 9/93jmb First Reading 9/14/93 Deferred 9/28/93 & 6/14/94 Second Reading 9/28/93 of Published on the day City , 1994. \ FINAL DRAFT JUNE 1994 CHAPTER 18 ISION ORDINANCE Prepared by: City of Muskego Planning Department CHAPTER 18 SUBDIVISION AND PLATTING 18.01 18.03 18.02 18.04 18.05 18.06 18.07 18.08 18.10 18.11 18.12 18.13 18.14 18.20 18.22 18.21 18.23 18.24 18.26 18.25 18.30 18.31 18.32 18.33 18.34 18.35 18.36 INTRODUCTION Authority Short Title Purpose and Intent Abrogation and Greater Restrictions Interpretation Severability and Disclaimer of Liability Inconsistency with Other Ordinances Definitions ADMINISTRATION AND ENFORCEMENT City Planner Violations Penalties and Remedies Appeals Fees GENERAL PROVISIONS Jurisdiction and Compliance Dedication and Reservation of Lands Improvements Existing Substandard Lots variances Wooded Areas and Natural Tree Settings Land Suitability LAND DIVISION PROCEDURES Preapplication Preliminary Plat Final Plat Minor Land Division Extraterritorial Plats and Certified Replat Condominium Plats Survey Maps a DESIGN STANDARDS 18.40 18.41 18.42 18.43 18.44 18.45 18.46 18.50 18.51 18.52 18.53 18.54 18.55 18.56 18-57 18.58 18.60 18.59 18.61 18.70 18.71 18.72 18.73 18.74 18.75 18.76 Streets Blocks Lots Buildinq Setback Lines Special-Restrictions Public Sites and Open Spaces Easements REQUIRED IMPROVEMENTS General Grading Survey Monuments surfacing Curb and Gutter Sidewalks Sewage Disposal Facilities Storm Water Drainage Facilities Water Supply Facilities Other Utilities Street Lamps, Signs and Trees Improvement of Existing Half-Streets CONSTRUCTION STANDARDS Building Permits Commencement Required Plans Improvement Plan Approval Procedure Inspection As-Built Plans Required Erosion Control CITY OF MUSKEG0 04/13/94 INTRODUCTION 18.01 AUTHORITY. These regulations are adopted under the authority granted by 5236.45, Wis. Stats. 18.02 SHORT TITLE. This chapter shall be known as, referred to or cited as the "LAND DIVISION ORDINANCE, CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN." 18.03 PURPOSE AND INTENT. (1) PURPOSE. The purpose Of this chapter is to regulate and control the division of land within the corporate limits of the City and its extraterri- torial plat and certified survey map approval jurisdiction in order to promote public health, safety, morals, prosperity, aesthetics and general welfare of the City and its environs. (2) INTENT. It is the general intent of this chapter to regulate the division of land so as to: proper development of the City's soil, water, wetland, wood- (a) Obtain the wise use, conservation, protection and land and wildlife resources and attain a proper adjustment of sustaining the natural resource base. land use and development to realize the goal of supporting and (b) Lessen congestion in the streets and highways. (c) Further the orderly layout and appropriate use of land. (d) Secure safety from fire, panic and other dangers. (e) Provide adequate light and air. (f) Facilitate adequate provision for housing, trans- portation, water supply, wastewater, schools, parks, play- grounds and other public facilities and services. (4) Secure safety from flooding, water pollution, disease and other hazards. (h) Prevent flood damage to persons and properties and minimize expenditures for flood relief and flood control projects. pollution of surface and subsurface waters. (i) Prevent and control erosion, sedimentation and other CITY OF MUSKEGO 04/13/94 SUBDIVISION AND PLATTING 18.03 (2) (j) (j) Preserve natural vegetation and cover and promote the natural beauty of the City and its environs. (k) Restrict building sites on floodlands, shorelands, areas covered by poor soils or in other areas poorly suited for development. (1) Facilitate the further division of larger tracts into smaller parcels of land. monumentation of subdivided land. (m) Ensure adequate legal description and proper survey this chapter. (n) Provide for the administration and enforcement of (0) Provide penalties for its violation. (p) Implement those municipal, county, watershed or regional comprehensive plans or plan components adopted by the City and in general facilitate enforcement of City development standards as set forth in the adopted regional, county and local comprehensive plans, adopted plan components, City Zoning and Building Codes. 18.04 ABROGATION AND GREATER RESTRICTIONS. It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed re- strictions, agreements, rules, regulations or permits previ- ously adopted or issued pursuant to law. However, where this chapter imposes greater restrictions, the provisions of this chapter shall govern. 18.05 INTERPRETATION. In their interpretation and appli- minimum requirements, shall be liberally construed in favor of cation, the provisions of this chapter shall be held to be the City and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes. 18.06 SEVERABILITY AND DISCLAIMER OF LIABILITY. (1) chapter is adjudged unconstitutional or invalid by a court of SEVERABILITY. If any section, provision or portion of this competent jurisdiction, the remainder of this chapter shall not be affected thereby. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.06 (2) (2) DISCLAIMER OF LIABILITY. The City does not guaran- tee, warrant or represent that only those areas designated as to periodic inundation nor does the City guarantee, warrant or floodlands on plats and certified survey maps will be subject use from tests required by the chapter are the only unsuited represent that the soils shown to be unsuited for a given land soils within the jurisdiction of the chapter;. and thereby asserts that there is no liability on the part of the City council, its agencies or employees for flooding problems, sanitation problems or structural damages that may occur as a result of reliance upon and conformance with this chapter. 18.07 INCONSISTENCY WITH OTHER ORDINANCES. This chapter parts thereof, inconsistent or in conflict with this chapter shall supersede all other general and zoning ordinances or to the extent of the inconsistency only. poses of this chapter, the following definitions shall be 18.08 DEFINITIONS. ( 1) GENERAL DEFINITIONS. For the pur- used. Words used in the present tense include the future; the singular number includes the plural number; and the plural number includes the singular number. The word flshallll is mandatory and not discretionary. (2) SPECIFIC WORDS AND PHRASES. ADVISORY AGENCY. Any agency, other than an objecting 0 agency, to which a plat or certified survey map may be submitted for review and comment. An advisory agency may give advice to the City and may suggest that certain changes be made to the plat or certified map or it may suggest that a plat or certified survey map be approved or denied. Suggestions made by an advisory agency are not, however, binding on the City Council or Plan Waukesha County Land Conservation Committee, the South- Commission. Examples of advisory agencies include the eastern Wisconsin Regional Planning Commission and local utility companies. ALLEY. A public or private right-of-way shown on a plat which provides secondary access to a lot, block or parcel of land. (S236.02 (l), Wis. Stats.) ARTERIAL STREET (See “STREET, ARTERIAL”) BLOCK. A tract of land bounded by streets or by a combination of streets, public parks, cemeteries, railway right-of-way, bulkhead lines or shorelines of navigable waterways and municipal boundaries. SUBDIVISION AND PLATTING 18.08 (2) BUILDING. Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials. BUILDING LINE. A line parallel to any lot line and at a distance from the lot line to comply with terms of this chapter. CITY PLAN COMMISSION. The Commission created by the City plan land use within the City. Council undek S62.23, Wis. Stats., and authorized to CITY PLANNER. The officer designated by the City Council to administer this chapter. CERTIFIED SURVEY MAP. A map prepared by a registered land surveyor in accordance with s236.34, Wis. Stats. Certi- used to create '!minor land divisions" of not more than 4 fied survey maps may, under the terms of this chapter, be parcels. Certified survey maps are prepared on map sheets measuring 8 112" by 14" at a map scale not to exceed one inch equals 200'. COLLECTOR STREET (See "STREET COLLECTOR") . COMMUNITY. A town, municipality or a group of adjacent towns or municipalities having common social, economic or physical interests. COMPREHENSIVE PLAN. Any extensively developed plan, also called a master plan, prepared and adopted by the South- eastern Wisconsin Regional Planning Commission, County Park and Planning Commission or City Plan Commission and certified to the City Council under SS66.945, 59.97 and 62.23, Wis. Stats., including proposals for future land use, transportation, urban redevelopment and public facilities. Devices for implementation of these plans, such as zoning, official map, land division and building also be considered a part of the comprehensive plan. line ordinances and capital improvement programs, shall COPY. A true and accurate copy of all sheets of the original subdivision plat. Such copy shall be on durable white matte finished paper with legible dark lines and lettering. CUL-DE-SAC STREET (See "STREET, CUL-DE-SAC") CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.08(2) DEPARTMENT. The Department of Agriculture, Trade and 0 consumer Protection. DWELLING UNIT. A building or part of a building used for a place of abode and occupied by' one family. ENVIRONMENTAL CORRIDOR. Those lands containing concentra- tions of scenic, recreational and other natural resources as identified and delineated in the comprehensive plan- ning program of the Southeastern Wisconsin Region by the Southeastern Wisconsin Regional Planning Commission. These natural resource and resource-related elements include the ,following: (a) Lakes, rivers and streams, together with their natural floodplain. Wetlands. Forest and woodlands. Wildlife habitat areas. Rough topography. Significant geological formations. Wet or poorly drained soils. Existing outdoor recreation sites. Potential outdoor recreation and related open-space sites. (j) Historic sites and structures. (k) Significant scenic areas of vistas. EXTRATERRITORIAL PLAT AND CERTIFIED SURVEY MAP APPROVAL JURISDICTION. The unincorporated area within one and one half miles of a fourth-class city or a village and within 3 miles of the City. Wherever such statutory extraterri- village, the jurisdiction over the overlapping area shall torial powers overlap with those of another city or be divided on a line all points of which are equidistant from each community so that not more than one community exercises extraterritorial powers over any area. CITY OF MUSKEG0 04/13/94 a SUBDIVISION AND PLATTING 18.08 (2) FINANCIAL GUARANTEE. A letter of credit, cash or certi- fied check guaranteeing performance of a contract or obligation through possible forfeiture of the letter of credit, cash or certified check if such contract or obligation is unfilled by the subdivider. FILL. Sand, gravel, earth or other materials of any composition whatever placed or deposited by human beings. FINAL PLAT. A map prepared in accordance with the requirements of Ch. 236, Wis. Stats., and this chapter for the purpose of dividing larger parcels into lots and conveying those lots. The lines showing where lots and other improvements are located are precise. FLOODLANDS. Those lands, including the floodplains, floodways, floodfringe and channels, subject to inunda- tion by the 100-year recurrence interval flood. FRONTAGE (LOT). The smallest dimension of a lot abutting a public street measured along the street line. FRONTAGE STREET. (See "STREET, FRONTAGE") HIGH GROUNDWATER ELEVATION. The highest elevation to which subsurface water rises. This may be evidenced by year or by soil mottling during drier periods. "Mottling" the actual presence of water during wet periods of the is a mixture or variation of soil colors. In soils with restricted internal drainage, gray, yellow, red and brown colors are intermingled giving a multi-colored effect. HIGH WATER ELEVATION (SURFACE WATER) . The average annual wetland referred to an established datum plane or, where high water level of a pond, stream, lake flowage or such elevation is not available, the elevation of the line up to which the presence of the water is so frequent destruction of vegetation or other easily recognized as to leave a distinct mark by erosion, change in or topographic, geologic or vegetative characteristic. IMPROVEMENT, PUBLIC. Any sanitary sewer, storm sewer, open channel, water main, roadway, .park, parkway, public access, sidewalk, pedestrian way, planting strip or other facility for which the City may ultimately assume the responsibility for maintenance and operation. CITY OF MUSKEGO 04/13/94 SUBDIVISION AND PLATTING 18.08(2) IRREVOCABLE LETTER OF CREDIT. An agreement guaranteeing payment for subdivision improvements, entered into by a which is authorized to do business in this State and bank, savings and loan or other financial institution which has a financial standing acceptable to the City and which is approved as to form by the City Attorney. LOT. A parcel of land having frontage on a public street, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other open space provisions of the City Zoning Code. LOT, CORNER. A lot abutting 2 or more streets at their tion shall have an angle of 135O or less, measured on the intersection provided that the corner of such intersec- lot side. LOT, DOUBLE FRONTAGE. A lot, other than a corner lot, with frontage on more than one street. Double frontage lots shall normally be deemed to have 2 front yards and 2 side yards and no rear yard. Double frontage lots shall not generally be permitted unless the lot abuts an arterial highway. Double frontage lots abutting arterial highways should restrict direct access to the arterial highway by means of a planting buffer or some other acceptable access buffering measure. (See Illustration No. 1) LOT, FLAG. A lot not fronting on or abutting a public street and where access to the public street system is by a narrow strip of land and where the area of the lot, for zoning purposes, shall not include the narrow strip. LOT, INTERIOR. A lot other than a corner lot, with frontage on one street. (See Illustration No. 1) MEAN SEA LEVEL DATUM. Mean Sea Level Datum, 1929 Adjust- ment, as established by the U.S. Coast and Geodetic Survey. MINOR LAND DIVISION. Any division of land not defined as a subdivision. Such minor land divisions shall be made by certified survey map. CITY OF MUSKEG0 04/13/94 MUNICIPRL CODE CORP. TEL:9045158852 Jul 08'94 9:39 No.002 P.02 a SUBDIVISION AND PLATTING 18.08(2) Illustration #l k". CTILL.T "-3 -.-,.-.- "-A - i i. I.._ LbT .Cl".. - D" eeuMo*n MINOR STREET (See STREET, MINOR) MUNICIPALITY. An incorporated village or City. horizontal and vertical accuracy of topographic maps and specifying the means for testing and determining such accuracy, endorsed by all federal agencies having These standards have been fully reproduced in Appendix D surveying and mapping functions and responsibilities. of SEWRPC Technical Report No, 7, Horizontal and Vertical Survey control in Southeastern Wisconsin. NAVIGABLE WA::ER. Lake Michigan, Lake Superior, all natural inland lakes within Wisconsin and all Streams, ponds, sloughs, flowages and other water within the territorial limits of this State, including the Wisconsin portion of boclndary waters, which are navigable under the laws of this State. The Wisconsin Supreme Court has declared as navigable, bodies of water with a bed differentiate83 from adjacent uplands and with levels of flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis. [Muenc:n v. Publi 492 (1952) and DeGayllpr c Service Commission, 261 Wis. 2d patural Refiou~, 70 Wis. 2d 936 (1975)l. and Co. , Inc. v. Department a NATIONAL MAP A.CCURACY STANDARDS. Standards governing the '0 CITY OF MUSKEG0 04/13/94 CODE CORP. TEL:9045i58852 Jul 08'94 9:40 No.002 P.u5 SUBDIVISION AND PLATTING lS.OS(2) OBJECTING AGmci. An agency empowered to object to a subdivision plat under Ch. 236, WiS. StatS. The City may not approve any plat upon which an objection has been certified until the objection has been satisfied. On any plat, the 'objecting agencies may include the Wisconsin Departments of Agriculture, Trade and Consumer Protec- tion, Transportation (WDOT), Industry, Labor and Human Relations (DILHF!) , Department of Natural Resources (WDNR) and the Waukesha County Park and Planning Commission. OUTLOT. A parce.1 of land, other than a lot or block, so designated on the plat, but not of standard lot size, the intention of wh.ich is to either redivide into lots or combine it with one or more other adjacent outlots or the future for the purpose of creating buildable lots. lots in adjacent subdivisions or minor subdivisions in OWNER. A individual, firm, association, syndicate, part- nership or corporation having a proprietary interest in a parcel of land. PLAT. A map of B subdivision. PRELIMINARY PLAT. A map showing the salient features of ty for purposes of preliminary consideration. A prelimi- a proposed subdivision submitted to an approving authori- nary plat precisely describes the location and exterior boundaries of the parcel proposed to be divided and shows the approximate location of lots and other improvements. PUBLIC WAY. Any public road, street, highway, walkway, drainageway or part thereof. RECORDING A PLAT. The filing of the final plat with the County Register of Deeds. REPLAT. The process of chanqinq or the map or plat Which part thereo€. T.he legal dividing of a large block, lot or changes the boundaries of a recorded subdivision plat or Outlot within II recorded subdivision plat or certified survey map witkout changing exterior boundaries of such block, lot or clutlot is not a replat. SANITARY SEWER SERVICE AREA. The area within and sur- Planned to be served with public sanitary sewerage rounding a city, village or other community thak is facilities by t:he year 2006. 0 CITY OF MUSKEGO 04/13/94 0 MUNICIPRL CODE CORP. TEL:9045/58852 0 Jul 08'94 9:40 No.002 P.04 SUBDIVISION AND PLATTING 18.08(2) distances; 1,000' from the high water elevation Of SHORELANDS. Those lands lying within the following water elevation of navigable streams or to the landward navigable lakes, ponds and flowages or 300' from the high side of the floodplain, whichever is greater. SOIL MAPPING UNIT. Soil types, slopes and erosion factors delineated on detailed operational soil survey maps prepared by the U.S. Soil Conservation Service. to the south wall or rooftop of any proposed structure. SOLAR ACCESS. Access to solar rays so there is no shading SOUTH WALL. Any wall €acing within 4ti8 of due south. STREET, ARTER1A:L. A street used or intended to be used, primarily for fast or heavy through traffic. Arterial street shall include freeways and expressways as well as standard arterial streets, highwuy and parkways. STREET COLLECTOR. A street used or intended to be used, to carry traffic from minor streets to the major system of arterial streets including the principal entrance streets to residential developments. STREET, CUL-DE-SAC. A minor street with only one outlet and having an appropriate turnaround for the safe and convenient reversal or traffic movement. STREET, FRONTAGE. A minor street auxiliary to and located on the side of an arterial street for control of access and for service to the abutting development. STREET, MINOR, (Local). A street used, or intended to be used, primarily for access to abutting properties. SUBDIVIDER. Any person, firm or corporation, or any agent thereof, dividi.ng or proposing to divide land resulting in a subdivisicm or replat. and the subdivider agree in reasonable detail as to all SUBDIVIDER'S AGREEMENT. An agreement by which the City tions permit to be covered by the subdivider's agreement of those matters which the provisions of these regula- and which shall not come into effect unless and until an has been issued to the City. irrevocable letter of credit or other appropriate surety CITY OF MUSKEG0 04/13/94 MUNICIPRL CODE CORP. TEL:9045758852 Jul 08’94 9:41 No.002 P.05 SUBDIVISION AND PLATTING 18.08 (2) SUBDIVISION. The division of a lot, parcel or tract of land by the owners therepf or the owner’s agent, for tho purpose of tranrlfer of ownership or building development where the act of divlsion creates 5 or more parcels or building sites Of one and one-half acres each or less in area; or where the act of division creates 5 or more parcels or building sites of one and one-half acres each or less in area by successive division within a period of 5 years. Other divisions of land shall be termed “minor land divisions”. The definition of a subdivision shall not apply to commercial or industrial land divisions except to the extent regulated by State law. Other divisions of commercial or industrial land shall be minor land divlsions. This definition shall also apply to the division of a lot, parcel or tract of land by the owners thereof or the clwner’s agent for the purpose of transfer division creates 5 or more parcels or building sites of of ownership or building development where the act of years where dedicated public improvements are required, any size by successive division within a period of 5 For the purpos,e of this section, public improvements shall include any one of the following: (a) Sanitary sewer system. (b) Water supply system. (c) storm sewer system. (d) Roadways and streets. WETLANDS. An area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions. WISCONSIN ADMIPISTRATIVE CODE. The rules of administra- tive agencies having rule-making authority in Wisconsin, published in a loose-leaf, continual revision system as directed by §3!5.93 and Ch. 227, Wis. Stats., including subsequent amendments to those rules. 0 CITY OF MUSKEG0 04/13/94 0 SUBDIVISION AND PLATTING 18.10 ADMINISTRATION AND ENFORCEMENT 18.10 CITY PLANNER. This chapter shall be administered by the City Planner or his designee. The City Planner, in the administration of this chapter, shall: (1) Receive plats and certified survey maps from the and certified survey maps as provided for in this chapter and subdivider. The City Planner shall distribute copies of plats shall receive review comments from review agencies, boards and committees required to comment on such land division. the City Plan Commission and actions taken by the City (2) Advise the subdivider of all recommendations made by council. (3) Maintain records of plat and certified survey map filings, approvals, fees paid and other sureties. (4) Determine that all land divisions within the juris- diction of this chapter requiring review by this chapter have secured the necessary review and approvals. (5) Assist the City Attorney in the prosecution of violations. 18.11 VIOLATIONS. (1) COMPLIANCE REQUIRED. No person any land in violation of this chapter or the Wisconsin shall build upon, divide, convey, record or place monuments on Statutes; and no person shall be issued a City zoning, building or plumbing permit authorizing the building on or any part of any subdivision or replat within the jurisdiction improvement of any lot, block, parcel, certified survey map or chapter until the provisions and requirements of this chapter of this chapter not of record as of the effective date of this have been fully met. placed or maintained on floodlands in violation of this (2) FLOODLANDS. Every structure, fill or development chapter is hereby declared a public nuisance and the creation thereof may be enjoined and maintenance thereof abated by action at suit of the State, the City or any citizen thereof. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.11 (3) (3) DRAINAGE TO BE MAINTAINED. No person shall obstruct the flow of surface water contrary to an approved stormwater and drainage plan so as to prevent surface water from reaching a storm sewer or drainage channel without interim ponding, except as provided in an approved stormwater and drainage plan. 18.12 PENALTIES AND REMEDIES. (1) PENALTIES. Any person who violates or fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit not less than $100 nor more than $1,000, plus the costs of prosecution for each offense and the penalty for default of payment of such forfeiture and costs shall be imprisonment in the County Jail until payment thereof, but not exceeding 6 months. However, the maximum forfeiture where a violation of any provision of this chapter which is also a violation of a State statute, shall not exceed the maximum fine imposed by the statute. Each day a violation exists or continues shall constitute a separate offense. Violations and concomitant penalties shall include: provided in s236.30, Wis. Stats. (a) Recordation improperly made carries penalties as (b) Conveyance of lots in unrecorded plats carries penalties as provided for in s236.31, Wis. Stats. 0 (c) Monuments disturbed or not placed carries penalties as provided for in S236.32, Wis. Stats. (2) REMEDIES. The City may institute appropriate action or proceedings to enjoin violations of this chapter or the applicable Wisconsin Statutes. In addition to any forfeiture imposed, the City may order an assessor's plat to be made his agent, when a subdivision is created by successive under s70.27, Wis. Stats., at the expense of the subdivider or divisions of land. a plat or a failure to approve a plat may appeal therefrom, as 18.13 APPEALS. Any person aggrieved by an objection to provided in §236.13(5), Wis. Stats., within 30 days of notification of the rejection of the plat. Where failure to making the objection shall be made a party to the action. The approve is based on an unsatisfied objection, the agency court shall direct that the plat be approved, if it finds that the action of the approving or objecting agency is arbitrary, unreasonable or discriminatory. CITY OF MUSKEG0 04/13/94 a SUBDIVISION AND PLATTING 18.14 18.14 FEES. (1) GENERALLY. The subdivider shall pay all times specified, before being entitled to recording of a plat fees required by this section to the City Treasurer, at the or certified survey map. (2) PRELIMINARY PLAT REVIEW. (a) At the time Of applica- divider shall pay a fee, as from time to time established by tion for approval or review of any of the following, the sub- resolution of the City Council, to defray the cost of giving notice, investigation and other administrative processing: 1. Preliminary plat. 2. Reapplication for approval of any preliminary plat which has been previously reviewed. 3. Sketch preliminary plat. (b) In addition to the application fee, the subdivider shall pay the administrative fee in sub. (8) of this section. (3) CERTIFIED SURVEY MAP REVIEW. The subdivider at the time of application shall pay a fee as from time to time established by resolution of the City Council to defray the cost of giving notice, investigation or other administrative processing for approval of a certified survey map. In addition to the application fee, the subdivider shall pay the adminis- trative fee in sub. (8) of this section. a (4) IMPROVEMENT REVIEW FEE. (a) Developer's Deposit. The subdivider shall pay a fee known as a "Developer's Deposit" and an administration fee as established from time to time by resolution of the City Council based on either the number of residential units or square footage potential for commercial and industrial subdivisions or based on the estimated engineering review and at the time of the submission cost to the City of checking and reviewing such plans and of improvement plans and specifications to partially cover the specifications. If at any time the "Developer's Depositf1 reviews will be conducted until the account is paid in full lapses beyond 30 days of nonpayment, no further inspections or and additional funds are deposited as determined by the City. The fee shall also be used for any costs incurred by the City for legal, administrative or fiscal work which may be under- taken in connection with the plat or plan. CITY OF MUSKEGO 04/13/94 SUBDIVISION AND PLATTING 18.14 (4) (b) (b) May be Recommtted. The fee may be recomputed, upon demand of the subdivider or City Engineer, after completion of such improvements and the difference, if any, shall be paid by improvement construction in accordance with the actual cost of or remitted to the subdivider. Evidence of cost shall be in such detail and form as required by the City Engineer. (5) INSPECTION FEE. The subdivider shall pay a fee which shall be added to the "Developer's Deposit" or to the letter of credit equal to the actual or projected cost of the City Engineers' or other approving authorities having jurisdiction for such inspection deem necessary, to assure that the con- struction of the required improvements is in compliance with the plans, specifications and ordinances of the approving authorities having jurisdiction or any other governmental authority. (6) FINAL PLAT REVIEW FEE. (a) At the time of applica- tion for approval or review of any of the following, the sub- divider shall pay a fee, as from time to time established by resolution of the City Council, to defray the cost of giving notice, investigation and other administrative processing: 1. Final plat. 2. Sketch final plat. 3. Approval of any final plat which has been previously reviewed. (b) In addition to the application fee, the subdivider shall pay the administrative fee in sub. (8) of this section. (7) ENGINEERING FEE. The subdivider shall pay a fee equal to the actual cost to the City for all engineering work incurred by the City in connection with the plat or certified survey map. Engineering Work shall include the review of The City Council shall require the subdivider to furnish all, construction plans and preparation of standard specifications. no engineering fees shall be levied for such plan preparation. some or part of the required construction plans in which case Inspection, checking and reviewing work has fees provided for in subs. (4) and (5) of this section. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.20 GENERAL PROVISIONS 18.20 JURISDICTION AND COMPLIANCE. (1) JURISDICTION. waters within the corporate limits of the City and those lands Jurisdiction of these regulations shall include all lands and within the extraterritorial jurisdiction of the City as established in ss61.35, 62.23(2) and 236.10, Wis. Stats. The provisions of this chapter which apply to divisions of tracts of land into less than 5 parcels shall not apply to: (a) Transfers of interest in land by will or pursuant to court order. (b) Leases for a term not to exceed 10 years, mortgages or easements. (c) Sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby minimum sizes required by these regulations, the zoning ordi- created and the lots resulting are not reduced below the nance or other applicable laws or ordinances. (d) Cemetery plats made under s157.07, Wis. Stats. (e) Assessors’ plats made under s70.27, Wis. Stats., but such assessors’ plats shall comply with §§236.15(1)(a) to (g) and 236.20(1) and (2) (a) to (e), Wis. Stats. within the jurisdictional limits of these regulations so that (2) COMPLIANCE. No person shall divide any land located such division results in a subdivision, minor land division or division or replat shall be entitled to recording; and no replat as defined herein; no such subdivision, minor land street shall be laid out or improvements made to land without compliance with all requirements of this chapter and the following documents: (a) Provisions of Ch. 236, Wis. Stats. (b) Rules of the Wisconsin Department of Industry, Labor and Human Relations regulating lot size and lot elevation if provisions for such service have not been made. the land to be subdivided is not served by a public sewer and CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.14(8) equal to the cost of any legal, administrative or fiscal work (8) ADMINISTRATIVE FEE. The subdivider shall pay a fee which may be undertaken by the City in connection with the plat. Legal work shall include the drafting of contracts between the City and subdivider. These fees may also include the cost of obtaining professional opinions including, but not land planners requested by the City Council or Plan Commission limited to, attorneys, engineers, landscape architects and time of application, a fee as from time to time established by in connection with the land division being considered. At the the cost of giving notice, investigation or other administra- resolution of the City Council, shall be submitted to defray tive processing a petition for legal lot status. (9) PUBLIC SITE FEE. Such public site dedication fees as may be required by s18.21 and sub. (8) of this chapter. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.20(2)(C) relating to safety of access and the preservation of the (c) Rules of the Wisconsin Department of Transportation public interest and investment in the highway system if the land owned or controlled by the subdivider abuts on a state trunk highway or connecting street. Resources setting water quality standards preventing and (d) Rules of the Wisconsin Department of Natural abating pollution and regulating development within floodland, wetland and shoreland areas. components of the City. (e) Approved comprehensive plan or comprehensive plan local and county ordinances. (f) The City zoning ordinance and all other applicable HIGHWAYS, AND DRAINAGEWAYS. Whenever a tract of land to be 18.21 DEDICATION AND RESERVATION OF LANDS. (1) STREETS, subdivided within the jurisdiction of this chapter encompasses way, other public way or public access to navigable lakes or all or any part of an arterial or collector street, drainage- County or City comprehensive plan or adopted comprehensive streams which has been designated in the adopted regional, plan components or on the official City map, such public way shall be made a part of the plat or certified survey map and dedicated or reserved by the subdivider in the locations and dimensions indicated on such plan, comprehensive plan compo- nent or map and as set forth in ss18.40 through 18.46 of this chapter. (2) SCHOOLS, PARKS, ENVIRONMENTAL CORRIDORS AND OTHER OPEN SPACES. Whenever a tract of land to be divided within the City encompasses all or part of a school site, park site, environmental corridor or other open space, other than access to navigable lakes or streams which has been designated streets, highways, drainageways, other public ways or public adopted comprehensive plan component of the City, such school on an adopted regional, County or City comprehensive plan or site, park site, environmental corridor or other open space shall be made a part of the plat or certified survey map and dedicated or reserved by the subdivider in the locations and dimensions indicated on such plan and in accordance with the procedures in S18.46. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.21(3) (3) PROPOSED PUBLIC LANDS OUTSIDE THE CORPORATE LIMITS. Proposed public lands outside of the corporate limits of the City but within the jurisdictional area of these regulations shall be reserved for acquisition by the town or county in accordance with the regulations of the affected jurisdiction. (4) FLOODLANDS AND SHORELANDS. Whenever floodlands and shorelands are contained in a tract of land proposed to be divided into lots, building sites or parcels of less than 5 acres in area, all floodlands and those shorelands designated for park, recreation, environmental corridor or other open space land use in a comprehensive plan or a component of such a comprehensive plan prepared by State, regional, county or municipal agencies and adopted or acknowledged by the City and lying within the below specified distances from the high water elevation shall, at the discretion of the City Council follow- public by the subdivider. In lieu of dedication, all such de- ing recommendation by the Plan commission, be dedicated to the signated floodlands and shorelands shall be reserved by the tended by mutual agreement, for acquisition by the State, subdivider for a period not to exceed 10 years, unless ex- county or local unit of government at fair market value at the time of the filing of the final plat or shall be reserved for the recreational use of the future residents of the land to be divided, with stream or lake bank maintenance easements given to the unit of government which has jurisdiction. The lot area should generally not include such shorelands and floodlands. (5) PROPORTIONATE PAYMENT IN LIEU OF DEDICATION. (a) If the City Council has determined that such dedication is not developer shall in lieu thereof pay to the City at the time of feasible or compatible with development of the community, the application a fee, as from time to time established by reso- lution of City Council, to defray the impact the additional residences will place on the park system. (b) Such fees shall be placed in a nonlapsing fund and shall be used exclusively for immediate or future site acquisitions or for capital improvements of parks and recre- ational areas. Such fees shall apply to units created by subdivision, certified survey map or planned unit development. (c) Where the development results in the creation of not more than one additional unit or parcel of land, payment shall be required only for the additional unit. CITY OF MUSKEG0 04/13/94 a SUBDIVISION AND PLATTING 18.21(5)(d) of final approval of plat or certified survey map. (d) Payment shall be in a lump sum and paid at the time been made is further divided, payment shall be required for (e) Where a lot or parcel for which payment has once the additional lots or parcels created. (f) The required payment shall be made before the certification of approval may be affixed to the final plat, certified survey map or planned development. 18.22 IMPROVEMENTS. Before final approval of any plat or certified survey map located within the jurisdictional limits of this chapter, the subdivider shall install street, utility and other public improvements as provided below. If such improvements are not installed as required at the time the final plat or certified survey map is submitted for approval, the subdivider shall, before recording of the final plat or certified survey map, enter into a contract with the City agreeing to install the required improvements and file with meeting the approval of the City Attorney in an amount equal such contract a letter of credit, cash or certified check to the estimated cost of the improvements, such estimate to be made by the Finance Committee and the City Council upon the recommendation of the City Engineer, as a guarantee that such improvements will be completed by the subdivider or his sub- contractors not later than one year from the date of recording of the plat and as a further guarantee that all obligations to addition: subcontractors for work on the development are satisfied. In (1) CONTRACT APPROVALS. Contracts and contract specifi- ments on dedicated street rights-of-way, as well as the cations for the construction of street and utility improve- contractors and subcontractors who are to be engaged in the construction of street and utility improvements on dedicated street rights-of-way, shall be subject to review and approval of the City Engineer and approval of the City. (2) GOVERNMENTAL UNITS. Governmental units to which these bonds and contract provisions apply may file, in lieu of such contract and bond, a letter from officers authorized to act on their behalf agreeing to comply with the provisions of this section. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.22(3) (3) SURVEY MONUMENTS. Before final approval of any plat within the corporate limits of the City or its extraterritori- monuments placed in accordance with S236.15, Wis. Stats., and a1 jurisdictional limits, the subdivider shall install survey as may be required by the City Engineer. (4) PLATS OUTSIDE THE CORPORATE LIMITS. Before final approval by the City of any plat or certified survey map located outside the corporate limits of the City, but within the plat approval jurisdiction of the City, the subdivider shall give evidence that he has complied with all street and utility improvements of the town in which the land being platted is located. (5) WAIVER OF MONUMENTS. The City Plan Commission may waive the placing of monuments, required under §236.15(1) (b) , (c) and (d) for a reasonable time on condition that the subdivider execute a surety bond to insure the placing of such monuments within the time required. (6) ADVANCE REIMBURSEMENT. The subdivider shall pay the City in advance of signing the subdivider's agreement €or all fees, expenses and disbursements which are incurred by the City and reimburse the City, without limitation by reason of enumeration, for design, engineering, preparation, checking and inspection to insure that construction is in compliance and review of designs, plans and specifications; supervision with applicable plans, specifications, regulations and ordi- nances; and legal, administrative and fiscal work undertaken to assure and implement such compliance. 18.23 EXISTING SUBSTANDARD LOTS. (1) CONVEYANCE RE- STRICTED. If a lot of record does not conform to the zoning regulations of the City and adjoins along a side lot line properly held in the same ownership, no such lot shall be conveyed to another owner nor shall a building permit be the following: issued for a structure on such a lot except in conformity with (a) Petition for Determination. The owner of such sub- standard lot may, at any time prior to the proposed conveyance of such lot or request for building permit, petition the City for determination as to the status of such lot. CITY OF MUSKEG0 04/13/94 0 0 SUBDIVISION AND PLATTING 18.23(1)(b) (b) Referral to Plan Commission. Such petition shall be referred to the Plan Commission for study to determine the practical possibility of a redivision of ownership to provide lots which will conform to the City zoning regulations. (c) Time Limit. The Plan Commission shall make its recommendation to the City Council within 40 days of the date days to give the petitioner a determination. the petition was received and the Council shall act within 20 (d) Criteria. The Plan Commission in making its recom- mendation and the City Council in making its determination shall give consideration, among others, to the following factors: existing lots and building development in the immediate area 1. Compatibility. The size, quality and character of with a view to maintaining compatibility and protecting exist- ing values. 2. Sewage Disposal. Where public sewer is not avail- able, the lot size necessary to insure safe sewage disposal. 3. Practicability. The economic and engineering practi- cability of any possible re-division. 4. Hardship. The degree of practical hardship which may be imposed upon the owner. (e) Method of Redivision. Such redivision may be accom- plished as is most appropriate by: 1. Vacation and replatting of all or a part of a recorded plat. 2. Combining of lots or parts of lots. 3. Redefining of lot lines by a plat of "other divi- sions" as provided by S18.33. making its determination shall first give notice to all (f) Notification Procedure. The Plan Commission in property owners within 100' of the perimeter of the subject property that such a request has been submitted for consider- ation. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.23(2) (2) DETERMINATION OF OWNERSHIP. For the purpose Of this section, lots and property shall be considered in the same ownership when owned by: the same individual or corporation; an individual and another in joint tenancy, or as tenants in common and either of the joint or common tenants owns other lots individually or as joint tenant in common with another; an individual and other lots are owned by his spouse and when any of such lots are owned by an individual and other lots are owned by a corporation in which such individual is an officer or director or controlling stockholder. (3) PRIOR APPROVALS. Where the owner of such substandard lot has been granted Illegal lot status" under the provisions of this section prior to the effective date of this chapter, such approval shall be deemed valid. (4) COMBINATION OFNONCONFORMING LOTS. Prior to issuance of building permits for any nonconforming lot held in single ownership, the owner of such nonconforming lot shall first submit for approval a certified survey map in the manner pro- vided in this chapter. 18.24 VARIANCES. (1) Where in the judgment of the City Plan Commission, it would be inappropriate to apply literally the provisions of 518.40 and where, in the judgement of the provisions of Si8.50 of this chapter because the proposed City Council, it would be inappropriate to apply literally the City or because exceptional or undue hardship would result, subdivision is located outside the corporate limits of the the Plan Commission or Council may grant a variance from any requirement to the extent deemed just and proper. (2) No variance to the provisions of this chapter shall be granted unless the Plan Commission finds all the following facts and conditions exist and so indicates in the minutes of its proceedings: (a) Exceptional Circumstances. There are exceptional, extraordinary or unusual circumstances or conditions where a result in severe hardship. Such hardships should not apply literal enforcement of the requirements of this chapter would generally to other properties or be of such a recurrent nature as to suggest that this chapter should be changed. (b) Preservation of Property Rishts. Such variance is necessary for preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity. CITY OF MUSKEG0 04/13/94 e SUBDIVISION AND PLATTING 18.25 (1) (C') (c) No lot of one acre or less in area served by an on-site sanitary sewage disposal (septic tank or mound) system shall include floodlands. All lots more than one acre in area served by a septic tank system or mound system shall contain not less than 40,000 square feet of land which is at an elevation above the elevation of the 100-year recurrence elevation shall be determined by a registered professional interval flood or, where such data is not available, the engineer and the sealed documents shall be approved by the City Engineer. (2) SHORELANDS. Shorelands shall not be divided into building sites which are to be served by soil absorption waste disposal systems. (3) FILL MATERIALS. (a) Lands made, altered or filled with non-earth materials within the last 10 years shall not be divided into building sites which are to be served by soil absorption waste disposal systems. rials within the preceding 20 years shall not be divided into (b) Lands made, altered or filled with non-earth mate- building sites which are to be served by soil absorption waste disposal systems except where soil tests prepared by a pro- fessional soil scientist clearly show the soils are suited to such use. Soil reports shall include, but need not be limited to, an evaluation of soil permeability, depth to groundwater, depth to bedrock, soil bearing capacity, and soil compaction. To accomplish this purpose, a minimum of one test per acre shall be made initially. The City does not guarantee, warrant or represent that the required samples represent conditions on an entire property and thereby asserts that there is no lia- bility on the part of the City Council, its agencies or em- ployees for sanitary problems or structural damages that may occur as a result of reliance upon such tests. (4) STEEP SLOPES. Each Lot proposed to be served by an onsite soil absorption sewerage disposal system shall have 50% of its minimum required lot area or 20,000 square feet, which- ever is less, in slopes of less than 12%. (5) SHALLOW BEDROCK. Lands having bedrock within 6' of the natural undisturbed surface shall not be divided into building sites to be served by soil absorption sewage disposal systems. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.25(6) " within 6' of the natural undisturbed surface shall not be (6) SHALLOW GROUNDWATER TABLE. Lands having ground water divided into building sites to be served by soil absorption sewage disposal systems. slower than 60 minutes per inch shall not be divided into (7) PERCOLATION RATES. Soils having a percolation rate building sites to be served by soil absorption sewage disposal systems. (8) PLAN COMMISSION. The Plan Commission, in applying particular facts upon which it bases its conclusion that the the provisions of this section, shall in writing recite the land is unsuitable for residential use and afford the subdi- vider an opportunity to present evidence in rebuttal to such finding of unsuitability, if he so desires. Thereafter, the unsuitability. Commission may affirm, modify or withdraw its determination of 18.26 WOODED AREAS AND NATURAL TREE SETTINGS. The sub- divider shall not remove trees in anticipation of a land division until he has gained preliminary subdivision approval. Each tree removed in preparation for development shall be replaced on a 1 to 1 ratio. Heavily wooded areas should be preserved insofar as possible and by application of reserva- tion and dedication provisions of this chapter and other applicable ordinances. CITY OF MUSKEGO 04/13/94 0 MUNICIPRL CODE CORP. TEL:9045i58852 Jul 08'94 9:41 No 002 P.06 ~~ SUBDIVISI ON AND PL LAND DIVISION PROCEDURES AWING 18.30 to the filing of an tipplication for the approval of a prelimi- 18.30 PREAPPLQWZON. (1) It is recommended that prior nary plat or certified survey map, the subdivider consult with the City Planner and all affected utilities in order to obtain advice and assistance!. This consultation is neither formal nor mandatory but is intended to inform the subdivider of the purpose and objectives of these regulations, the adopted regional, county or City comprehensive plans or adopted plan components and plan implementation ordinances of the City and ment. In so doing, bcth the subdivider and planning agency may to otherwise assist the subdivider in planning his develop- objectives of the proposed development and its possible reach mutual conclunions regarding the general program and gain a better underst.anding of subaequent required procedures. effects on the neighborhood and City and the subdivider will (2) Prior to formal submittal of a preliminary plat as outlined below, the subdivider shall submit a preliminary purpose of such a sketch is to gain tentative approval from sketch or concept plan €or review by the Plan Commission. The the Plan Commission prior to expending time and re6oUrces on a preliminary plat. This review by the Plan Commission is not binding on either tbe City or the subdivider. 18.3 1 PRELIMINARY PGAT. (1) REVIEW. Before submitting a final plat for apprcwal, the subdivider shall prepare a pre- plat", and a letter of application. The preliminary plat shall liminary plat, which shall be clearly marked "preliminary shall file 40 folded copies of the plat with the City Clerk or be prepared in accordance with this chapter and the subdivider designee at least 45 days prior to the meeting of the Plan Commission at which action is desired. In addition: (a) The City nclerk or designee shall, within 2 normal work days after filing, transmit 2 copies to the Wisconsin Department Of Agrizulture, Trade and Consumer Protection Trade and Consumer Frotection (DATCP) for retransmission of 2 (DATCP); additional copies to the Department of Agriculture, Copies each to the Wisconsin Department of Transportation (WDOT), if the subdivision abuts or adjoins a State trunk highway or connecting highway, Department of Industry, Labor CITY OF MUSKEGO 04/13/94 SUBDIVISION AND PLATTING 18.3l(l)(a) and Human Relations (DILHR), if the subdivision is not served by a public sewer and provision for such service has not been made, and Department of Natural Resources, if navigable waters, shoreland/wetlands or floodlands are contained within the proposed subdivision. The Wisconsin Department of Agricul- ture, Trade and Consumer Protection (DATCP), Department of Transportation, Department of Natural Resources and Department of Industry, Labor, and Human Relations (DILHR) shall here- after be referred to as objecting agencies. (b) The City Planning Department shall transmit 4 copies to the Waukesha County Park and Planning Commission, 7 copies to the City Plan Commission, 7 copies to the City Council and Utility, Public Works, Parks and Recreation (to be reviewed by one copy each to the following City departments; Building, the City Park Board), Police, City Assessor, City Engineer and Fire Department for their review and recommendations concern- ing matters within their jurisdiction. The recommendations, if any, of City boards, commissions and departments shall be transmitted to the City Plan Commission within 30 days from the date the plat is filed. The preliminary plat shall then be reviewed by the City Plan Commission for conformance with this chapter and all ordinances, rules, regulations, comprehensive plans and comprehensive plan components. to the Wisconsin Natural Gas Company and one copy each to the (c) The City Planning Department shall transmit 2 copies Wisconsin Electric Power Company, Wisconsin Bell Telephone Company, the cable television franchisee and the Muskego- Norway School District for their review and information concerning matters within their jurisdiction. Their comments, if any, shall be transmitted to the City Plan Commission within 30 days from the date the plat is filed. (d) The City Plan Commission is designated as the recommending agency with respect to design and layout of the preliminary plat under SS18.40 and 18.50. Consumer Protection (DATCP), Transportation (WDOT), Natural (e) The Wisconsin Departments of Agriculture, Trade and Resources and Industry, Labor and Human Relations (DILHR) shall hereafter be referred to as objecting agencies. The County Park and Planning Commission is designated an approving agency when the plat is located in the extraterritorial plat CITY OF MUSKEGO 04/13/94 SUBDIVISION AND PLATTING 18.31(2) approval jurisdiction of the City and is hereafter referred to as an objecting agency when the plat is located within the corporate limits of the City. The Southeastern Wisconsin Regional Planning Commission is an advisory planning agency created under S66.945, Wis. Stats., in part for the purpose of serving the City and its commissions; the county and its commissions, town board or commissions and State agencies having jurisdiction under the provisions of this chapter. shall, within 20 days of the date of receiving their copies of (2) PRELIMINARY PLAT APPROVAL. The objecting agencies the preliminary plat, notify the subdivider and all other approving and objecting agencies of any objections. If there are no objections, they shall so certify on the face of the copy of the plat and shall return that copy to the City Plan Commission. If an objecting agency fails to act within 20 days, it shall be deemed to have no objection to the plat. (a) The City Plan Commission shall, within 60 days of the date of filing of a preliminary plat with the City Clerk, examine the preliminary plat as to its conformance with this chapter; consider review comments from objecting agencies, City staff and other agencies required to review and comment on the preliminary plat; and shall recommend approval, approval with conditions or rejection of the preliminary plat to the City Council. 0 (b) The City Council shall, within 90 days of the date approve, approve conditionally or reject such plat. If the of filing a preliminary plat with the City Clerk or designee, preliminary plat is approved conditionally or rejected, the City shall state, in writing, any conditions of approval or the reasons for rejection. One copy each of the plat and letter shall be placed in the Plan Commission permanent files. (c) Failure of the City Council to act within 90 days of the date of filing, or within the times as extended by agree- ment with the subdivider, shall constitute an approval. plat shall not constitute automatic approval of the final (d) Approval or conditional approval of a preliminary plat, except that if the final plat is submitted within 6 months of preliminary plat approval and conforms substantially to the preliminary plat layout as provided under §236.11(1) (b), Wis. Stats., the final plat shall be entitled to approval CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.31(2)(e) with respect to such layout. If the final plat is not submit- ted within 6 months of the last required approval of the preliminary plat, any approving authority may refuse to approve the final plat. In addition, the approval or condi- tional approval of a preliminary plat shall become null and void if the final plat is not submitted within one year of the last required approval of the preliminary plat. An approved preliminary plat shall be deemed an expression of approval or guide in the preparation of the final plat, which will be conditional approval of the layout submitted and used as a subject to further consideration by the City Plan Commission and City Council at the time of its submission. (e) Upon approval or conditional approval of a prelimi- nary plat from the Plan Commission or the City Council, the subdivider may proceed with installation of subdivision improvements after approval of the engineering plans by the Committee, approval of all other applicable agencies and City Engineer, Public Works Committee and Public Utility submittal to the City of copies of all permits and letters of approval and/or may submit a final plat for review. The sub- divider shall enter into a contract with the City agreeing to install the required improvements and shall file with the contract a letter of credit, cash or certified check meeting the approval of the City Attorney in an amount equal to the estimated cost of the improvements, such estimate to be made by the Finance Committee and City Council upon the recommen- dation of the City Engineer, as a guarantee that such improve- ments will be completed by the subdivider or his subcontrac- tors not later than one year from the date of recording of the plat and as a further guarantee that all obligations to sub- contractors for work on the development are satisfied. If after the approval or conditional approval of the Preliminary Plat by either the Plan Commission or the City Council, the subdivider creates a substantial change to the subdivision nary plat in conformance with sub. (1) above. A substantial layout, the City shall require the resubmittal of a prelimi- change to the subdivision layout will have presumed to occur in any manner, there is an increase in the number of lots by if the external boundaries of the subdivision plat are changed more than 5%, there is a change in street configuration or a permitting agency denies a permit on which the plat depends. tial change shall not be presumed to occur and the subdivider If the change is made at the request ,of. the City, a substan- may proceed with submittal of a final plat. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.31(3) (3) SUBMITTAL REQUIREMENTS. (a) General. A preliminary plat shall be required for all subdivisions and shall be based upon a survey by a registered land surveyor (RLS) and the plat prepared on tracing cloth, reproducible drafting film or paper map scale of not more than 100' to the inch and shall show of good quality at a preferred sheet size of 22" x 30" and a correctly on its face the following information: 1. Title or name under which the proposed subdivision similar to a previously approved and recorded plat, unless it is to be recorded. Such title shall not be the same as or the plat. is an addition to a previously recorded plat and so stated on 2. Property location of the proposed subdivision by: government lot, quarter section, section, township, range, county and state. subdivision within the U.S. Public Lands Survey section. 3. General location sketch showing the location of the 4. Date, graphic scale and north arrow. 5. Names and addresses of the owner, subdivider and land surveyor preparing the plat. 6. Entire area contiguous to the proposed plat owned or controlled by the subdivider shall be included on the prelimi- nary plat even though only a portion of the area is proposed for immediate development. The Plan Commission may waive this requirement where it is unnecessary to fulfill the purposes and intent of this chapter and severe hardship would result from strict application thereof. (b) Plat Data. All preliminary plats shall show the following: of the proposed subdivision referencedto a corner established 1. Exact length and bearing of the exterior boundaries in the U.S. Public Land Survey and total acreage encompassed thereby. structures and the first floor elevations thereof, drives, 2. Locations of all existing property boundary lines, visible and known wells, streams and watercourses, all wet- similar significant natural and man-made features within the lands, rock outcrops, wooded areas, railroad tracks and other tract being subdivided or immediately adjacent thereto, within a distance of 200'. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.31(3)(b)3. 3. Location, right-of-way width and names of all existing streets, alleys or other public ways, easements, railroad and utility rights-of-way and all section and quarter section lines within the exterior boundaries of the plat or immediately adjacent thereto, within a distance of 200'. parks and cemeteries and owners of record of abutting un- 4. Location and names of any adjacent subdivisions, platted lands. 5. Type, width and elevation of any existing street pavements within the exterior boundaries of the plat or immediately adjacent thereto, together with any legally established centerline elevations, based on the National Geodetic Vertical Datum of 1929. 6. Location, size and invert elevation of any existing of manholes, catch basins, hydrants, electric and communica- sanitary or storm sewers, culverts and drain pipes, location tion facilities, whether overhead or underground, and the location and size of any existing water and gas mains within the exterior boundaries of the plat or immediately adjacent thereto, based on the National Geodetic Vertical Datum of 1929. If no sewers or water mains are located on or immediate- which might be extended to serve the tract shall be indicated ly adjacent to the tract, the nearest sewers or water mains by their direction and distance from the tract, size and invert elevations. 7. Corporate limits lines. 8. Existing zoning on and adjacent to the proposed subdivision. 9. Existing contours to National Map Accuracy Standards marked on such contours based on the National Geodetic Verti- at vertical intervals of not more than 2'. Elevations shall be cal Datum of 1929 and be so noted on the face of the document. At least 2 permanent bench marks shall be located in the im- mediate vicinity of the plat; the location of the bench marks referenced to the National Geodetic Vertical Datum of 1929 and shall be indicated on the plat, together with their elevations be so noted on the face of the document, .and the monumentation of the bench marks clearly and completely described, SUBDIVISION AND PLATTING 18.31(3)(b)10. flowages and wetlands within the exterior boundaries of the 10. Highwater elevation of all ponds, streams, lakes, plat or located within 100' therefrom referenced to the National Geodetic Vertical Datum of 1929 and so be noted on the face of the document. 11. Water elevations of all streams, ponds, lakes, flowages and wetlands within the exterior boundaries of the plat and located within 100' therefrom at the date of the survey, referenced to the National Geodetic Vertical Datum of 1929 and so be noted on the face of the document. 12. Floodplain limits of the 100-year recurrence in- terval flood, as determined by the federal flood insurance study or other technical document, or where such data is not professional engineer and the sealed documents shall be available, the elevation shall be determined by a registered approved by the City Engineer. The contour line lying a vertical distance of 2' above the elevation of the 100-year recurrence interval flood or, where such data is not avail- professional engineer and the sealed documents shall be able, the elevation shall be determined by a registered approved by the City Engineer, within the exterior boundaries of the plat or located within 100' therefrom. 13. Location and results of soil boring tests within the exterior boundaries of the plat made to a depth of 6', unless bedrock is at a lesser depth. The number of such tests shall be adequate to portray the character of the soil and the depth of bedrock and groundwater from the natural undisturbed sur- face. To accomplish this purpose, a minimum of one test per 3 that additional tests be provided. The results of such tests acres shall be made initially. The City Engineer may require shall be submitted along with the preliminary plat. SILHR 85.06, Wis. Adm. Code, taken at the location and depth 14. Location of soil percolation tests where required by in which the soil absorption waste disposal systems are to be be less than one test per 3 acres or one test per lot, which- installed. The number of such tests initially made shall not ever is greater. The results of such tests shall be submitted along with the preliminary plat. 15. Location, width and names of all proposed streets and public rights-of-way such as alleys and easements. 16. Approximate dimensions of all lots together with proposed lot and block numbers. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.31 (3) (b) 17. 17. Location and approximate dimensions of any sites to be reserved or dedicated for schools, parks, environmental corridors, drainageways or other public use or open space or which are to be used for group housing, shopping centers, church sites or other private uses not requiring lotting. 0 18. Approximate radii of all curves. small drawing clearly indicating the location of the proposed 19. Any proposed riparian lake and stream access with a subdivision in relation to the access. 20. Any proposed lake and stream improvement or reloca- tion and notice of application for approval by the Department of Natural Resources, when applicable. 21. Any additional information required by the City of the area on the lot where a structure may be built to Council, Engineer or Plan Commission, including the location afford solar access to the rooftop and south wall. photographs provided by the Southeastern Wisconsin Regional 22. Approximate location of all wetlands based on aerial Planning Commission. (c) Street Plans and Profiles. The Plan Commission, upon the recommendation of the City Engineer, may require that the 0 subdivider provide street plans and profiles showing existing ground surface, proposed and established street grades, in- cluding extensions for a reasonable distance beyond the limits of the proposed subdivision when requested. All elevations profiles shall meet the approval of the City Engineer. shall be based upon mean sea level (1929) datum, and plans and tion of the City Engineer, may require borings and soundings (d) Testinq. The Plan Commission, upon the recommenda- be made in specified areas to ascertain subsurface soil, rock and water conditions, including depth to bedrock and depth to ground water table. The City does not guarantee, warrant or represent that those soils tested and shown to be unsuited for specific uses are the only unsuited soils within the City and thereby asserts that there is no liability on the part of the City Council, its agencies or employees. for sanitation prob- lems or structural damage that may occur as a result of re- liance upon and conformance with this chapter. Where the subdivision will not be served by public sanitary sewer service, Ch. IHLR 65, Wis. Adm. Code, shall be complied with and the appropriate data submitted with the preliminary plat. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.31(3)(e) (e) Soil and Water Conservation. The City Council shall require the subdivider to provide soil erosion and sedimenta- professional engineer. Such plans shall follow the guidelines tion control plans and specifications prepared by a registered and standards in the U.S. Conservation Service Technical Guide adopted by the Waukesha County Land Conservation Committee and shall be in accordance with standards in S18.76 of this chapter and Ch. 29 of the Municipal Code. In addition: 1. Tree cutting and shrubbery clearing shall be so conducted as to prevent erosion and sedimentation and preserve and improve scenic qualities. shall be so designed and constructed as to result in the least 2. Paths and trails shall not exceed 10' in width and removal and disruption of trees and shrubs and the minimum impairment of natural beauty. 3. Earth movements such as grading, topsoil removal, mineral extraction, watercourse changing, road cutting, waterway construction or enlargement, removal of streams or lake bed materials, excavation, channel clearing, ditching, drain tile laying, dredging and lagooning shall be so conduct- disturb the natural fauna, flora, watercourse, water regimen ed as to prevent erosion and sedimentation and to least and topography. be requested through the Waukesha County Land Conservation 4. Review of cutting, clearing and earth movement may Committee, State District Fish and Game Managers and Forester by the Plan Commission as they deem appropriate. of the preliminary plat that certain measures are required to 5. The Plan Commission, upon determining from a review protect solar access, requires protection of the south wall and rooftop from shading. Consideration shall be given to orientation of streets and topography. Where the Plan Commis- sion determines necessary, a detailed site plan shall be submitted showing that there would be no solar access con- flicts with structures and landscaping. (f) Covenants. 1. The Plan Commission shall require enant is proposed, whereby the subdivider intends to regulate submission of a draft of protective covenants, where a cov- land use in the proposed subdivision and otherwise protect the proposed development. Covenants shall be subject to review and approval of the City Attorney as to legality and form. The City shall not be responsible for enforcing private covenants. '0 CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.31(f)2. 2. The Plan Commission may require a submission of a draft of protective covenants whereby the subdivider intends to regulate building sites to protect solar access by the use of offsets, setback and height restrictions which are more restrictive than the regulations of the zoning district where located. (4) Easements. Easements shall be shown on the prelimi- nary plat and shall be limited to utility easements, drainage easements, mineral easements or air rights easements. Ease- easements, conservation easements, access easements, scenic ments shall not be used for the conveyance of street rights- of-way, pedestrian rights-of-way, park or school lands or other public lands requiring dedication. plat shall certify on the face of the plat that it is a (h) Affidavit. The surveyor preparing the preliminary correct representation of all existing land divisions and this chapter. features and that he has fully complied with the provisions of 18.32 FINAL PLAT. (1) REVIEW. The subdivider shall pre- pare a final plat and letter of application in accordance with this chapter and file 39 folded copies of the plat with the City Clerk or designee at least 30 days prior to the meeting of the Plan Commission at which action is desired. In addi- tion: (a) The City Clerk or designee shall provide the plat and required copies to the City Planner, who shall, within 2 Wisconsin Department of Agriculture, Trade and Consumer normal work days after filing, transmit 2 copies to the Protection (DATCP); additional copies to the Department of Agriculture, Trade and Consumer Protection (DATCP) for re- Transportation (WDOT), if the subdivision abuts or adjoins a transmission of 2 copies each to the Wisconsin Department of State trunk highway or connecting highway; the Department of Industry, Labor and Human Relations (DILHR), if the subdivi- sion is not served by a public sewer and provision for such service has not been made, and Department of Natural Resourc- es, if navigable waters, shoreland/wetlands or floodlands are Agriculture, Trade and Consumer Protection (DATCP), Transpor- contained within the proposed subdivision. The Departments of tation, Natural Resources and Industry, Labor and Human Rela- tions (DILHR) shall hereafter be referred to as objecting agencies. CITY OF MUSKEG0 04/13/94 0 SUBDIVISION AND PLATTING 18.32 (1) (b) (b) The City Planning Department shall transmit 4 Copies to the Waukesha County Park and Planning Commission, 7 copies to the City Plan Commission, 7 copies to the City Council and one copy each to the following City departments: Building, Utility, Public Works, Parks and Recreation (to be reviewed by the City Park Board), Police, City Assessor, City Engineer, and Fire Department for their review and recommendations concerning matters within their jurisdiction. The recommenda- tions, if any, of City boards, commissions and departments shall be transmitted to the City Plan Commission within 30 days from the date the plat is filed. The final plat shall then be reviewed by the City Plan Commission for conformance with this chapter and all ordinances, rules, regulations, comprehensive plans and comprehensive plan components. (c) The Planning Department shall transmit 2 copies to the Wisconsin Natural Gas Company and one copy each to the Wisconsin Electric Power Company, Wisconsin Bell Telephone Company, cable television franchisee and Muskego-Norway School District for review and information concerning matters within their jurisdiction. Their comments, if any, shall be transmit- ted to the Plan Commission within 30 days from the date the plat is filed. (d) The City Plan Commission is designated as the recommending agency with respect to design and layout of the final plat under the provisions of $18. and the City Council is designated as the approving authority with respect to all sections of this chapter. (e) The Wisconsin Departments of Agriculture, Trade and Resources (DNR) and Industry, Labor and Human Relations Consumer Protection (DATCP), Transportation (WDOT), Natural The County Park and Planning Commission is designated as an (DILHR) shall hereafter be referred to as objecting agencies. approving agency when the plat is located in the extraterrito- rial plat approval jurisdiction of the City and is hereafter referred to as an objecting agency when the plat is located within the corporate limits of the City. The Southeastern Wisconsin Regional Planning Commission is an advisory planning purpose of serving the City and its commissions; county and agency created under $66.945, Wis. Stats., in part for the its commissions, town board or commissions and State agencies having jurisdiction under the provisions of this chapter. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.32(1)(f) (f) The Plan Commission shall examine the final plat as to its conformance with the approved preliminary plat; any conditions of approval of the preliminary plat; this chapter and all ordinances, rules, regulations, adopted regional, which may affect it and shall recommend approval, conditional county or City comprehensive plans and adopted components approval or rejection of the plat to the City Council. (9) The approved preliminary plat may be final platted the approved preliminary plat which the subdivider proposes to in phases with each phase encompassing only that portion of record at one time. However, it is required that each such phase be final platted and designated as a phase of the approved preliminary plat. Commission or City Council, the subdivider may proceed with (h) Upon approval of the final plat from the Plan installation of subdivision improvements after approval of the engineering plans by the City Engineer, Public Works Committee and Public Utility Committee, approval of all other applicable agencies and submittal to the City of copies of all permits and letters of approval and/or may submit a final plat for review. The subdivider shall enter into a contract with the City agreeing to install the required improvements and shall file with the contract a letter of credit, cash or certified check meeting the approval of the City Attorney in an amount equal to the estimated cost of the improvements, such estimate to be made by the Finance Committee and City Council upon the recommendation of the City Engineer, as a guarantee that such improvements will be completed by the subdivider or his recording of the plat and all obligations to subcontractors subcontractors not later than one year from the date of for work on the development are satisfied. preliminary plat by either the Plan Commission or City (i) If after approval or conditional approval of the Council, the subdivider creates a substantial change to the subdivision layout, the City shall require the resubmittal of a preliminary plat in conformance with §18.31(1) above. A to have occurred if the external boundaries of the subdivision substantial change to the subdivision layout will be presumed plat are changed in any manner, there is an increase in the number of lots by more than 5%, there is a change in street the plat depends. If the change is made at the request of the configuration or a permitting agency denies a permit on which City, a substantial change shall not be presumed to have occurred and the subdivider may proceed with submittal of a final plat. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.32(2) (2) APPROVAL. The objecting agencies shall, within 20 days of the date of receiving their copies of the final plat, notify the subdivider and all other approving and objecting agencies of any objections. If there are no objections, they shall so certify on the face of the copy of the plat and shall return that copy to the City Plan Commission. If an objecting agency fails to act within 20 days, it shall be deemed to have no objection to the plat. In addition: (a) Submission. If the final plat is not submitted within 6 months of the last required approval of the prelimi- nary plat, the City Council may refuse to approve the final plat. (b) Plan Commission Action. The City Plan Commission shall, within 30 days of the date of filing of the final plat with the City Clerk or designee, recommend approval, condi- tional approval or rejection of the plat and shall transmit to the City Council. the final plat and application along with its recommendations (c) Notification. The City Council, after it determines to approve the plat, shall give at least 10 days prior written notice of its intention to the clerk of any municipality whose boundaries are within 1,000' of any portion of the proposed plat, but failure to give such notice shall not invalidate any such plat. (d) City Council Action. The City Council shall, within 60 days of the date of filing the original final plat with the City Clerk or designee, approve or reject such plat unless the time is extended by agreement with the subdivider. All correc- tions required by the objecting and approving agencies shall be made to the final plat prior to placement on the City Council agenda. If the plat is rejected, the reasons shall be stated in the minutes of the meeting and a written statement of the reasons forwarded to the subdivider and surveyor. The City Council may not inscribe its approval on the final plat unless the City Clerk certifies on the face of the plat that the copies were forwarded to the objecting agencies as re- quired herein, the date thereof and that no objections have been filed within 20 days or, if filed, have been met. (e) ADDrOVal. If the City Council fails to act within 60 days, time having not been extended, no unsatisfied objections having been filed and all fees payable by the subdivider having been paid, the plat shall be deemed approved. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.32(2)(f) (f) Recordation. After the final plat has been approved by the City 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 shall cause the certificate inscribed upon the plat attesting to such approval to be executed and the Clerk shall record the plat with the County Register of Deeds. The Register of. Deeds shall not record the plat unless it is offered within 30 days from the date of the last approval. mylar and 11 folded copies of the final plat with the City (9) Cooies. The subdivider shall file a reproducible Clerk or designee for distribution to the City Assessor and Police and other affected departments and agencies for their Engineer and Planing, Building, Public Works, Utility, Fire, files. final plat from the Plan Commission or City Council, the (h) Installation of ImDrovements. Upon approval of the subdivider may proceed with installation of subdivision improvements after approval of the engineering plans by the City Engineer, Public Works and Public Utility Committees, approval of all other applicable agencies and submittal to the City of copies of all permits and letters of approval and/or may submit a final plat for review. The subdivider shall enter into a contract with the City agreeing to install the required improvements and file with the contract a letter of credit, 0 Attorney in an amount equal to the estimated cost of the cash or' certified check meeting the approval of the City tee and City Council upon recommendation of the City Engineer, improvements, such estimate to be made by the Finance Commit- as a guarantee such improvements will be completed by the subdivider or his subcontractors not later than one year from the date of recording of the plat and as a further guarantee that all obligations to subcontractors for work on the devel- opment are satisfied. preliminary plat by either the Plan Commission or City (i) If after approval or conditional approval of the Council, the subdivider creates a substantial change to the subdivision layout, the City shall require the resubmittal of a preliminary plat in conformance with §18.31(1) above. A to have occurred if the external boundaries of the subdivision substantial change to the subdivision layout will be presumed plat are changed in any manner, there is an increase in the number of lots by more than 5%, there is a change in street configuration or a permitting agency denies a permit on which the plat depends. If the change is made at the request of the CITY OF MUSKEG0 04/13/94 I SUBDIVISION AND PLATTING 18.32(3) City, a substantial change shall not be presumed to have occurred and the subdivider may proceed with submittal of a final plat. (3) SUBMITTAL REQUIREMENTS. (a) General. A final plat prepared by a registered land surveyor shall be required for all subdivisions. It shall comply in all respects with the requirements of s236.20, Wis. Stats. (b) Additional Information. The plat shall show correct- s236.20, Wis. Stats., the following: ly on its face, in addition to the information required by 1. Exact length and bearing of the centerline of all streets. 2. Exact street width along the line of any obliquely intersecting street. 3. Railroad rights-of-way within and abutting the plat. 4. Setbacks or building lines required by the Plan Commission under the guidelines in s18.43 of this chapter. 5. Easements shall be shown on the preliminary plat and limited to utility, drainage, conservation, access, scenic, mineral or air rights. Easements shall not be used for convey- ance of street rights-of-way, pedestrian rights-of-way, park, school or other public lands requiring dedication. 6. All lands reserved for future public acquisition or plat. If property reserved for common use is located within reserved for the common use of property owners within the the subdivision, provisions and plans for its use and mainte- nance shall be submitted with the plat. A note shall be placed on the face of the plat noting ownership and maintenance of all common use areas and that deed restrictions are on file at the County Register of Deeds. 7. A note on the face of the plat noting ownership and maintenance obligations of all drainage swales, easements, retention and detention ponds or other facilities. 8. Special restrictions required by the Plan Commission control along public ways, provision of planting strips, solar and any other approving or objecting agency relating to access access restrictions, preservation of wetlands, more restric- tive yard requirements or special restrictions for environ- mentally significant lands. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.32(3)(b)9. 9. Location, area, depth and type of soil absorption waste disposal system for each building site, if applicable. 10. Floodplain limits of the 100-year recurrence in- terval flood as determined by the federal flood insurance study or other technical document, or where such data is not available, the elevation shall be determined by a registered professional engineer and the sealed documents shall be approved by the City Engineer. The contour line lying a vertical distance of 2' above the elevation of the 100-year recurrence interval flood or, where such data is not avail- professional engineer and the sealed documents approved by the able, the elevation shall be determined by a registered City Engineer within the exterior boundaries of the plat or located within 100' therefrom. 11. Where the City Council, Plan Commission or Engineer finds that additional information relative to a particular problem presented by a proposed development is required to review the final plat, it shall have the authority to request in writing such information from the subdivider. based on a field staking by the U.S. Army Corps of Engineers, 12. Delineation of all wetlands and shoreland/wetlands the Wisconsin Department of Natural Resources, the Southeast- ern Wisconsin Regional Planning Commission or other agency or firm certified to make such delineation by the Federal Government or Wisconsin Department of Natural Resources. tests shall be adequate to portray the character of the soil 13. Location of soil boring tests. The number of such and depths of bedrock and groundwater from the natural undis- turbed surface. To accomplish this purpose, a minimum of one test per 3 acres shall be made initially. The results of such tests shall be submitted along with the certified survey map. SILHR 85.06, Wis. Adm. Code, taken at the location and depth 14. Location of soil percolation tests where required by in which soil absorption waste disposal systems are to be installed. The number of such tests initially made shall not be less than one test per 3 acres or one test per lot, whichever is greater. The results of such tests shall be submitted along with the certified survey map. CITY OF MUSKEGO 04/13/94 0 SUBDIVISION AND PLATTING 18.32(3)(C) final plats within the City and may make, or cause to be made (c) Survey Accuracy. The City Engineer shall examine all by a registered land surveyor under the direction of the City Engineer, such field checks as the City Engineer may deem the proper kind and location of monuments and legibility and necessary or desirable for the accuracy and closure of survey, completeness of the drawing. the survey of the exterior boundaries of the subdivision shall 1. The maximum error of closure before adjustment of not exceed that which is permitted by state statute. 2. All street, block and lot dimensions shall be computed as closed geometric figures based upon the control provided by the closed exterior boundary survey. 3. Where the plat is located within a U. S. Public Land relocated, monumented and coordinated by the City, Waukesha Survey quarter-section, the corners of which have been County or the Southeastern Wisconsin Regional Planning Commission, the tie required by §236.20(3) (b), Wis. Stats., shall be expressed in terms of grid bearing and distance; and monument marking the relocated section or quarter corner to the material and Wisconsin State Plane Coordinates of the which the plat is tied shall be indicated on the plat. The grid bearing and distance of the tie shall be determined by a closed survey meeting the error of closure herein specified and the street, block and lot dimensions shall comply with the for the survey of the exterior boundaries of the subdivision requirements of S236.15, Wis. Stats. City Engineer’s examination prior to approving the final plat. 4. The City Council shall receive the results of the (d) Surveyins and Monumentinq. Final plats shall meet all the surveying and monumenting requirements of S236.15, Wis. Stats. (e) State Plane Coordinate System. Where the plat is located within a U.S. Public Land Survey quarter section the the Wisconsin State Plane Coordinate System by the Southeast- corners of which have been relocated, monumented and placed on ern Wisconsin Regional Planning Commission, Waukesha County or the City, the plat shall be tied directly to 2 or more of the CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.32(3)(f) coordinated. The exact grid bearing and distance of such tie section or quarter corners so relocated, monumented and monument and Wisconsin Plane Coordinates of the monument shall be determined by field measurements and the type of marking the relocated section or quarter corners to which the plat is tied shall be indicated on the plat. All distances and bearings shall be referenced to the Wisconsin Coordinate System, South Zone. The grid bearing and distance of the tie shall be determined by a closed survey meeting the error of closure herein specified for the survey of the exterior boundaries of the subdivision and as adjusted to the City's control survey. (f) Certificates. All final plats shall provide all the certificates required by s236.21, Wis. Stats. In addition, the provisions of this chapter. surveyor shall certify that he has fully complied with all the (9) Recordation. The final plat shall be recorded with the Waukesha County Register of Deeds only after the certifi- Consumer Protection, the City Council, the surveyor and those cates of the Wisconsin Department of Agriculture, Trade and required by sS236.21 and 236.12(4), Wis. Stats., are placed on the face of the plat. The plat shall be recorded by the City Clerk within 30 days of its approval by the City Council. provide a duplicate reproducible copy of the plat on dimen- (h). Duplicate Plat Required. The subdivider shall sionally stable polyester film to the City, with 11 folded blueline copies and one copy in DXF format on 3-1/2" diskette. 18.33 MINOR LAND DIVISION. (1) DEFINED. Any division of land not defined as a "subdivision1' is a minor land division. proposed to divide land into at least 2 but not more than 4 (2) CERTIFIED SURVEY MAP. (a) When Allowed. When it is parcels or building sites; to create by land division not more than 4 parcels or building sites within a recorded subdivision plat without changing the exterior boundaries of a block, lot and one-half acres in size (thus not constituting a Ilsubdivi- or outlot; or divide any number of parcels greater than one may subdivide by use of a certified survey map. The certified sionll as defined in 518.08 of this chapter) , the subdivider or control of the subdivider. The certified survey map shall survey map shall include all parcels of land under ownership be prepared in accordance with sub. (4) of this section. CITY OF MUSKEG0 04/13/94 0 SUBDIVISION AND PLATTING 18.3 3 (2) (b) (b) Exception. When the parcels to be created by a land division are 20 acres or more in area and are not intended for development, the Plan Commission may waive the requirement of a certified survey map. (3) APPLICATION REQUIREMENTS. A preapplication Confer- ence similar to the consultation suggested in 518.20 of this chapter is recommended prior to submitting the sketch or preliminary map for approval. Prior to submitting a certified survey map or plat of survey for approval, the subdivider shall submit a preliminary map or sketch to the City Plan commission for approval, which shall be sufficient in detail to determine whether the final certified survey map will meet the requirements of this chapter and all ordinances, rules, regulations, adopted regional, county and City comprehensive plans or adopted plan components which affect it. At a minimum, all sketches shall be submitted using the City Cadastral Map as the base map. After approval of the prelimi- nary map or sketch by the City Plan Commission, the subdivider shall file 10 copies of the certified survey map and the letter of application with the City Clerk or designee 11 days prior to the Plan Commission Meeting. (4) CERTIFIED SURVEY MAP SUBMITTAL REQUIREMENTS. (a) General. 1. A certified survey map prepared by a registered land surveyor shall be required for all minor land division. It shall comply in all respects with the requirements of the design standards in 5518.40-18.46 and the improvement 5236.34, Wis. Stats. The minor land division shall comply with requirements in SS18.50-18.61 of this chapter. 2. A preliminary map or sketch shall be submitted to divided in accordance with 516.33. the City Plan Commission for all tracts of land proposed to be (b) Reauired Information. The map shall show correctly on its face, in addition to the information required by S236.34, Wis. Stats., the following: 1. Date of the map. 2. Insert showing map of area with property location. 3. Graphic scale and north arrow. 4. Name and address and the owner, subdivider and surveyor. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.33 (4) (b) 5. 5. All existing structures, including square footage and horizontal offset to existing and/or proposed property lines, and the first floor elevation thereof, visible and known wells, watercourses, drainage ditches, existing property lines of abutting property and other features pertinent to proper division. 6. Name of adjoining streets, highways, parks, cemeter- wetlands. ies, subdivisions, ponds, streams, lakes, flowages, and may be built to afford solar access to the rooftop and south 7. Location of the area on the lot where a structure wall. 0. 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 subdivider and are to be included in recorded protective covenants. 9. Additional setbacks or offsets proposed by the the zoning district in which the plat is located. subdivider which are more restrictive than the regulations of 10. All lands reserved for future public acquisition. interval flood as determined by the federal flood insurance 11. Floodplain limits of the 100-year recurrence study or other technical document or where such data is not professional engineer and the sealed documents shall be available, the elevation shall be determined by a registered approved by the City Engineer. The contour line lying a vertical distance of 2' above the elevation of the 100-year recurrence interval flood or where such data is not available, the elevation shall be determined by a registered professional engineer and the sealed documents shall be approved by the City Engineer within the exterior boundaries of the plat. 12. Easements shall be shown on the preliminary plat and shall be limited to utility easements, drainage easements, mineral easements, or air rights easements. Easements shall conservation easements, access easements, scenic easements, not be used for the conveyance of street rights-of-way, pedestrian rights-of-way, park or school lands or other public lands requiring dedication. CITY OF MUSKEG0 04/13/94 0 i SUBDIVISION AND PLATTING 18.33(4)(b)13. 13. Exact length and bearing of the centerline of all streets. intersecting street. 14. Exact street width along the line of any obliquely 15. Railroad rights-of-way within and abutting the plat. 16. A drainage and grading plan for all lots on the map bearing a statement concerning the relation of all drainage swales, ponds or other facilities. and any other approving or objecting agency relating to access 17. Special restrictions required by the Plan Commission control along public ways, the provision of planting strips, more restrictive yard requirements or to special restrictions solar access restrictions, to preservation of wetlands, to for environmentally significant lands. waste disposal system for each building site, if applicable. 18. Location, area, depth and type of soil absorption 19. Delineation of all wetlands and shoreland/wetlands based on a field staking by the U.S. Army Corps of Engineers, the Wisconsin Department of Natural Resources, the Southeast- ern Wisconsin Regional Planning Commission or other agency or firm certified to make such delineation by the Federal Government or Wisconsin Department of Natural Resources. 0 ing 150' from the proposed property lines. 20. Grading plan for the proposed land division extend- require that the following additional information be provided (c) Additional Information. The Plan Commission may when necessary for proper review and consideration of the map: 1. Existing contours at vertical intervals of not more than 2' where the slope of the ground surface is less 10% and of not more than 5' where the slopes of the ground surface is 10% or more. Elevations shall be marked on such contours based on National Geodetic Vertical Datum (NGVD) of 1929 (mean sea waived if the parcels created are fully.developed. level). The requirement to provide topographic data may be detailed operational soil survey maps prepared by the U. S. 2. Soil type, slope and boundaries as shown on the Soil Conservation Service. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.33(4)(~)3. 3. Setbacks or building lines required by the City Plan Commission in accordance with the guidelines in s18.43 of this chapter. tests shall be adequate to portray the character of the soil 4. Location of soil boring tests. The number of such and depths of bedrock and groundwater from the natural un- disturbed surface. To accomplish this purpose, a minimum of one test per 3 acres shall be made initially. Results of such tests shall be submitted along with the certified survey map. by SILHR 85.06, Wis. Adm. Code, taken at the location and 5. Location of soil percolation tests, where required depth in which soil absorption waste disposal systems are to be installed. The number of such tests initially made shall not be less than one test per 3 acres or one test per lot, whichever is greater. Results of such tests shall be submitted along with the certified survey map. 6. The Plan Commission may waive the requirement that proposed certified survey owned or controlled by the subdivid- the entire area contiguous to the land outlined in the er be included on the certified survey map even though only a portion of such area is proposed for immediate development. However, this waiver may only occur when the parcels to be are not intended for development. created by a land division are 20 acres or more in area and located within a U.S. Public Land Survey auarter section the (d) State Plane Coordinate System. Where the map is corners of which have been relocated, monumented and placed on Wisconsin Regional Planning Commission, Waukesha County or the the Wisconsin Plane Coordinate System by the Southeastern City, the map shall be tied directly to 2 or more of the section or quarter corners so relocated, monumented and co- ordinated. The exact grid bearing and distance of such tie shall be determined by field measurements and the type of monument and Wisconsin Plane Coordinates of the monument marking the relocated section or quarter corner to which the map is tied shall be indicated on the map. All distances and bearings shall be referenced to the Wisconsin Coordinate System, South Zone. The grid bearing and distance of the tie shall be determined by a closed survey meeting the error of closure herein specified for the survey of the exterior boundaries of the subdivision. ~ " CITY OF MUSKEG0 04/13/94 0 SUBDIVISION AND PLATTING 18.33(4)(e) (e) Certificates. The surveyor shall certify on the face of the map that he has fully complied with all the provisions of this chapter. The City Council, after approval by the Plan Commission and the recommendation by all reviewing agencies, shall certify its approval on the face of the map. of streets and other public areas, an owner's certificate in 1. When a certified survey map includes the dedication substantially the same form as required by 5236.21(2) (a), Wis. Stats., shall be required. 2. All certified survey maps shall provide all the certificates required by 5236.21, Wis. Stats. recorded with the county register of deeds only after the (f) Recordation. The certified survey map shall be certificates of the City Council, Plan Commission, surveyor recorded by the City Clerk or designee within 30 days of its and owner are placed on the face of the map. The map shall be last approval by the City Council. The City shall not permit the applicant, title company or any other entity to record the certified survey map. a duplicate reproducible copy of the map on film and in DXF (9) Duplicate Map Reauired. The subdivider shall provide format on a 3-1/2" diskette to the City. be placed on the face of the CSM prior to recording by the (h) Plat Notations. Any notes required by the City shall City. (5) PLAN COMMISSION. The City Clerk or designee shall transmit 7 copies of the map and letter of application to the Plan Commission for their review and approval. (6) RECOMMENDATIONS. The City Planing Department shall transmit a copy of the map to all affected City departments and the City Engineer for their review and recommendations concerning matters within their jurisdiction. The recommenda- days from the date the map is transmitted by the Planning tion shall be transmitted to the Plan Commission within 11 Department. (7) PLAN COMMISSION APPROVAL. The Plan Commission shall days from the date of filing, unless time is extended by approve, approve conditionally or reject the map within 45 agreement with the subdivider, and shall transmit the map along with its recommendations to the City Council. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.33 (8) (8) CITY COUNCIL APPROVAL. The City Council shall approve, approve conditionally or reject the map within 60 days from the date of filing, unless time is extended by agreement with the subdivider. If the map is rejected, the reasons shall be stated in the resolution and a written statement forwarded to the subdivider and surveyor. (9) RECORDATION. After the certified survey map has been approved by the City Council, the City Clerk shall cause the certificate to be inscribed upon the map attesting to such approval and the City Clerk 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 30 days from 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. (10) DISTRIBUTION OF COPIES. The Planning Department shall distribute 10 copies of the certified survey map to the subdivider, City Assessor, City Treasurer, City Engineer, City Building Director and Utility Superintendent and other affected departments for their files. 18.34 EXTRATERRITORIAL PLATS AND CERTIFIED SURVEY MAPS. When the land to be subdivided lies within 3 miles of the corporate limits of the City, the subdivider shall proceed as specified in SSl8.30 through 18.32, except: (1) SKETCH OR MAP NOT REQUIRED. A sketch or preliminary map for a certified survey map is not required to be approved by the Plan Commission prior to filing a certified survey map. (2) TRANSMITTALRESPONSIBILITY. The town or county clerk or county planning agency to whom the plat or certified survey map is first submitted shall be responsible for transmitting copies of the plat or map to designated objecting agencies and the subdivider shall indicate which one in his application. City Council, town board and County Park and Planning Commis- (3) APPROVAL AGENCIES. Approval agencies include the sion or County Board and the subdivider shall comply with the land division ordinances of these agencies. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.34(4) (4) INSTALLATION OF IMPROVEMENTS. The subdivider may proceed with the installation of such improvements and under such regulations as the town board of the town within whose City utility is desired, permission for such connection shall limits the plat lies may require. Wherever connection to any be approved by the City Council. (5) IMPROVEMENT REQUIREMENTS. All improvement require- ments specified by the town board or any special improvement district in matters over which they have jurisdiction, shall be met before filing of the final plat. 18.35 REPLAT. (1) When it is proposed to replat a recorded subdivision or part thereof, so as to change the boundaries of a recorded subdivision or part thereof, the the recorded plat as provided in SS236.40 through 236.44, Wis. subdivider or person wishing to replat shall vacate or alter proceed as specified in SS18.30 through 18.32(2). Stats. The subdivider or person wishing to replat shall then before the City Plan Commission when a preliminary plat of a (2) The City Planner shall schedule a public hearing replat of lands within the City or its extraterritorial jurisdictional limits is filed and shall cause notices of the proposed replat public hearing to be mailed to the owners of all properties within the limits of the exterior boundaries of the proposed replat and to the owners of all properties within 200’ of the exterior boundaries of the proposed replat. 0 18.36 CONDOMINIUM PLATS. A condominium plat prepared under s703.11, Wis. Stats., shall be reviewed in the same manner as a subdivision plat under SS18.30 through 18.32 of this chapter. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.40 DESIGN STANDARDS 18.40 STREETS. (1) ARRANGEMENT. In any new subdivision the street, block and lot layouts shall conform to the map, County jurisdictional highway system plan, comprehensive arrangement, width and location indicated on the City official plan or plan component or neighborhood 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 disturb the existing terrain, flora, fauna and water regimen; and meet all the use, site, sanitary, floodland and shoreland regulations contained in the City Zoning Code and the Waukesha County Community Health 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 topography, to such natural features as streams and tree growth, to public convenience and safety, to the proposed use of the land to be served by such streets and to the most advantageous develop- ment of adjoining areas. The subdivision shall be designed so as to provide each lot with satisfactory solar access and access to a public street. (a) Arterial streets, as defined in S18.08, shall be ment, centers of governmental activity, community shopping arranged so as to provide ready access to centers of employ- areas, community recreation and points beyond the boundaries of the community. Arterial streets shall also be properly area-wide system of arterial streets and highways and shall integrated with and related to the existing and proposed existing or planned streets with which they are to connect. be, insofar as practicable, continuous and in alignment with arranged so as to provide ready collection of traffic from (b) Collector streets, as defined in Sl8.08, shall be residential areas and conveyance of this traffic to the arterial street and highway system and shall be properly generators such as schools, churches and shopping centers and related to the mass transportation system, to special traffic other concentrations of population and to the arterial streets into which they connect. (c) Minor streets, as defined in S18.08, shall be arranged to conform to the topography, discourage use by through traffic, permit the design of efficient storm and sanitary sewerage systems and require the minimum street area property. necessary to provide safe and convenient access to abutting CITY OF MUSKEG0 04/13/94 0 SUBDIVISION AND PLATTING 18. 40 of the tract being subdivided unless prevented by topography (d) Proposed streets shall extend to the boundary lines or other physical conditions or unless the City Plan Commis- sion finds that such extension is not necessary or desirable for the coordination of the layout of the subdivision or for the advantageous development of the adjacent tracts. proposed subdivision contains or is adjacent to an arterial (e) Arterial street and highway protection. Whenever the street or highway, adequate protection of residential proper- ties, limitation of access and separation of through and local traffic shall be provided by reversed frontage with screen planting contained in a non-access reservation along the rear property line or by the use of frontage streets consistent with sub. (2) (a) of this section. stream or lake shores. Such access shall be at least 100' in (f) Public access shall be provided to all navigable width platted to the low watermark at intervals of not more unless greater intervals and wider access is agreed upon by than one-half mile as required by §236.16(3), Wis. Stats., the City Plan Commission, the Wisconsin Department of Natural Resources and the Department of Agriculture, Trade and Consumer Protection. All platted public access shall front on a public street, highway, parkway or other public way. (9) Reserve strips shall not be provided on any plat to control access to streets or alleys, except where control of by the Plan Commission. such strips is placed with the City under conditions approved (h) Street names shall not duplicate or be similar to existing street names and existing street names shall be projected wherever possible. Final approval of street names rests with the City Council, upon recommendation of the Plan Commission, Public Safety Committee and Police Department. a1 areas for off-street loading and service areas unless (i) Access shall be provided in commercial and industri- otherwise required by the Plan Commission. (2) LIMITED ACCESS HIGHWAY AND RAILROAD RIGHT-OF-WAY TREATMENT. Whenever the proposed subdivision contains or is right-of-way, the design shall provide the following treat- adjacent to a limited access highway, arterial or railroad ment. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.40(2)(a) a) When 1 ots within the proposed subdivision back upon the right-of-way of an existing or proposed limited access highway, arterial or a railroad, a planting strip at least 30’ in depth shall be provided adjacent to the highway or railroad in addition to the normal lot depth. This strip shall be part of the platted lots but shall have the following restriction lettered on the face of the plat: “This strip reserved for the planting of trees and shrubs and the building of all struc- tures excepting public or private utility structures hereon is prohibited. (b) Where commercial and industrial districts are involved there shall be provided, on each side of the limited access highway or railroad, streets approximately parallel to the appropriate use of the land between such streets and and at a suitable distance from such highway or railroad for highway or railroad, but shall not be less than 150’ from the right-of-way of the limited access highway or railroad. (c) Streets parallel to a limited access highway or railroad right-of-way, when intersecting a major street and way, shall be located at a minimum distance of 250 ’ from the highway or collector street which crosses a railroad or high- highway or railroad right-of-way. Such distance, where desir- able and practicable, shall be determined with due consider- ation of the minimum distance required for future separation of grades by means of appropriate approach gradients. (d) Minor streets immediately adjacent and parallel to railroad rights-of-way shall be avoided and location of minor streets immediately adjacent to arterial streets and highways and railroad rights-of-way shall be avoided in residential areas. (3) STREET AND PEDESTRIAN WAY DESIGN STANDARDS. (a) Minimum Standards. The minimum right-of-way, construction standards and roadway width of all proposed streets and alleys shall be as specified by the City‘s standard specifications, comprehensive plan, comprehensive plan component, official map or neighborhood development plan or county jurisdictional minimum width shall be as shown on Table 1. below. highway system plan or, if no width is specified therein, the CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.40(3) (b) indicated above are for urban sections; no rural sections are (b) Existina Rural Riqht-of-Way. The suggested R.O.W. to be used. However, in the case of existing rural type road- way sections, right-of-way widths shall be as follows: TABLE 1 Urban Street Riaht-of-Wav Width Arterial Minor Collector Pedestrian Ways Rural Street Arterial Collector Minor 100' (minimum) 80' 60' 10' Riqht-of-Wav Width 100' (minimum) 80' 66' (c) Other Requirements. Street sections are for standard parkways should be based upon detailed engineering studies. In streets only. Cross sections for freeways, expressways and addition: have one end permanently closed shall not exceed 1,320' in 1. Cul-de-sac Streets. Cul-de-sac streets designed to length. Urban cul-de-sac streets shall typically terminate in a tear-drop turn-around having a minimum right-of-way radius of 60' and a minimum outside curb radius of 48'. 2. Street Grades. Unless necessitated by exceptional topography, subject to the approval of the City Council, the maximum centerline grade of any street or public way shall not exceed the following: a. Arterial streets: 6%. b. Collector streets: 8%. c. Minor streets, alleys and frontage streets: 10%. d. Pedestrian ways: 12%, unless steps of acceptable design are provided. or be less than one-half of one percent. e. The Grade of any street shall in no case exceed 12% CITY OF MUSKEGO 04/13/94 SUBDIVISION AND PLATTING 18.40(3) (d) (d) Street Grades. Street grades shall be established wherever practicable so as to avoid excessive grading, the promiscuous removal of ground cover and tree growth, and general leveling of the topography. All changes in street grades shall be connected by vertical curves of a minimum length equivalent in feet to 30 times the algebraic difference in the rates of grade for arterial streets and one-half this minimum for all other streets. (e) Half-Streets. Where an existing dedicated or platted half-street is adjacent to the tract being subdivided, the The platting of new half-streets shall not be permitted. other half of the street shall be dedicated by the subdivider. (f) Roadway Elevations. Elevations of roadways passing through floodland areas shall be designed in the following manner: flood elevation for arterial streets. 1. At least 2' above the 100-year recurrence interval flood elevation for minor streets. 2. At least 2' above the 10-year recurrence interval flood elevation for collector streets. 3. At no less than the 100-year recurrence interval and replacement bridges and culverts over perennial waterways, (9) New and Replacement Bridses and Culverts. All new meeting other applicable requirements, shall be designed so as including pedestrian and other minor bridges, in addition to to accommodate the 100-year recurrence interval flood event without raising the peak stage, either upstream or downstream, more than .01 foot above the peak stage for the 100-year recurrence interval flood, as established in the applicable federal flood insurance study or other technical study. Larger permissible flood stage increases may be acceptable for reaches having topographic land use conditions which could accommodate the increased stage without creating additional flood damage potential upstream or downstream of the proposed structure providing that flood easements or other appropriate legal measures have been secured from all property owners affected by the excess stage increases. Such bridges and culverts shall be so designed and constructed as to facilitate replacement bridges shall be constructed in accordance with the passage of ice floes and other debris. All new and all applicable State statutes and codes and plans shall be submitted to the Department of Natural Resources (DNR) to assure compliance therewith. CITY OF MUSKEG0 04/13/94 I MUNICIPpL CODE CORP. TEL:9045i58852 Jul 08'94 9:42 No.002 P.07 '0 SUBDIVISION AND PLATTING 18.40 (3) (h) (h) Radii of Cut' line deflects at any one point by more than loo, a circular vature. When a continuous Street center- curve shall be introduced having a radius of curvature on the centerline of not 1e:ss than the following: 1. Arterial s,treets and highways: 500'. 2. Collectox ,streets: 300'. 3. Minor streets: 150'. ties Design Manual €or the design Speed of the facility and 4. The Wisconein Department of Transportation Facili- shall use the greater of the two. A tangent at least 100' in J and collector streets. length shall be provided between reverse curves on arterial (4) STREET INTERSECTIONS. Streets shall intersect each other at as nearly right angles as topography and other limiting factors of good design permit. In addition: shall be reduced to a minimum, preferably not more than 2. (a) The number of streets converging at one intersection and highways ohall be held to a minimum. Wherever practicable (b) The number of intersections along arterial streets the distance between such intersections shall not be less than 1200'. arterial streets, a3 identified by the approved street and (c) Property lines at intersections with collectors and arterial system plan for the City of Muskego, shall be rounded with a minimum radius of 15' or of a greater radius when re- quired by the City Plan Commission, or shall be cut-off by a a radius of 15'. straight line through the points of tangency of an arc having (d) Minor streets shall not necessarily continue across arterial or collector streets; but if the centerline of such minor streets approach the arterial streets from opposite sides within 300' of each other, measured along the centerline be so adjusted that the alignment across the arterial or of the arterial or Collector street, then the location shall collector street is continuous and a jog is avoided. or openings to accom:nodate handicapped individuals or vehicles (e) On all streets where sidewalks are required, ramps shall be provided in accordance with 566.616, Wis. Stats. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.41 18.41 BLOCKS. The widths, lengths and shapes of blocks 0 requirements; need for convenient access, control and safety shall be suited to the planned use of the land; zoning of street traffic; topography and solar access. as a general rule be less than 600' nor more than 1500' in (1) The lengths of blocks in residential areas shall not length unless otherwise dictated by exceptional topography or other limiting factors of good design. required where deemed necessary by the City Plan Commission to (2) Pedestrian ways of not more than 10' in width may be provide safe and convenient pedestrian circulation between the individual lots, streams, lakeshores, park lands or other public areas or may be required near the center and entirely across any block where deemed essential by the City Plan Commission to provide adequate pedestrian circulation or access to schools, shopping centers, churches, parks, open spaces, or transportation facilities. The final plat shall pedestrian ways will be maintained. contain a special restriction addressing by whom mid-block for 2 tiers of lots of appropriate depth except where other- (3) The width of blocks shall be wide enough to provide wise required to separate residential development from through traffic. Width of lots or parcels reserved or laid out for commercial or industrial use shall be adequate to provide for off-street service and parking required by the use contemplat- ed and the area zoning restrictions for such use. (4) Utility easements shall, where practical, be placed on mid-block easements along rear lot lines. 18.42 m. 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. The lots should be designed to provide an aesthetically pleasing building site and a proper architectural setting, and for solar access for the building contemplated. In addition: (1) LINES. Side lot lines shall be at right angles to straight street lines or radial to curved street lines on which the lots face. Lot lines shall follow municipal boundary lines rather than cross them. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.42 (2) (2) DOUBLE FRONTAGE AND REVERSE FRONTAGE. Double front- age and reverse frontage lots shall be prohibited except where necessary to provide separation of residential development from through traffic or to overcome specific disadvantages of topography and orientation. of at least 30' on a public street and be at least 45' on all (3) ACCESS. Every lot shall front or abut for a distance proposed cul-de-sacs. (4) AREA AND DIMENSIONS. Area and dimensions of all lots shall conform to the requirements of the City Zoning Code or zoning ordinance of the jurisdiction where the land division occurs. Those building sites not served by a public sanitary permit the use of an on-site soil absorption sewage disposal sewer system or other approved systems shall be sufficient to system designed in accordance with Ch. ILHR 83, Wis. Adm. Code, and administered by Waukesha County. In no case shall use of an on-site soil absorption sewage system be less than the width and area of lots located on soils suitable for the 150' in width and 40,000 square feet in area. (5) RESUBDIVISION. Whenever a tract is subdivided into parcels 5 acres or less in area and more than twice the minimum lot area required for the zoning district in which such parcel is located, the Plan Commission may require such parcels to be arranged and dimensioned so as to allow resub- division of any such parcels in accordance with the provisions of this chapter and in conformance with the City or county zoning ordinance. Excessive depth in relation to width shall be avoided and a (6) DEPTH. Depth of lots shall be a minimum of 100'. proportion of 2 to one shall be considered a desirable ratio under normal conditions. Depth and width of lots or parcels reserved or laid out for commercial or industrial use shall be quired by the use contemplated and the zoning restrictions for adequate to provide for off-street service and parking re- such use. (7) EXTRA DEPTH. Double frontage and reverse frontage lots, where permitted to provide separation of residential disadvantages of topography and orientation, shall provide an development from through traffic or to overcome specific extra lot depth of 30' or landscaped buffering unless a greater depth is specified herein. I. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.42 (8) (8) WATER'S EDGE. Lands lying between the meander line and the water's edge and any otherwise unplattable lands which be included as part of lots, outlots or public dedications in lie between a proposed subdivision and the water's edge shall any plat abutting a stream or lake. (9) WIDTH. Width of lots shall conform to the require- ments of the zoning ordinance or other applicable ordinance, and in no case shall a lot be less than 80' in width at the base setback line. (10) CORNER LOTS. Corner lots shall be designed and platted with at least 10' of extra width over and above the minimum required for the zoning district wherein located to permit adequate building setbacks from side streets and access shall be restricted to the minor street. (11) The shape of lots shall generally be rectangular, with lots platted on cul-de-sacs generally narrower at the street line than at the rear lot line. 18.43 BUILDING SETBACK LINES. (1) Building setback contemplated, which are more or less restrictive than the lines, appropriate to the location and type of development regulations of the zoning district in which the plat is located, may be required by the Plan Commission, if under planned development. Building setback lines appropriate to the location. and type of development contemplated which are more which the plat is located, may be required by the Plan Com- restrictive than the regulation of the zoning district in mission and shall be shown on the final plat or certified survey map. Examples of the application of this provision achieve the necessary lot width at the setback line, requiring include requiring greater setbacks on cul-de-sac lots to greater setbacks to c'onform to setbacks of existing adjacent development or setting special yard requirements to protect natural resource elements. (2) Shoreland/wetland and isolated wetland setbacks, in addition to those required by the City Zoning Code, may be required by the Plan Commission. 18.44 SPECIAL RESTRICTIONS. Special restrictions which may be required by the Plan Commission and shall be shown on are appropriate to the location or design of the land division the final plat or certified survey map. Examples of the application of this provision include access control along public ways, required planting and buffering strips, and prohibition of structures and vegetative clearing in environ- mentally significant lands. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.45 require utility easements of widths deemed adequate for the 18.45 EASEMENTS. (1) UTILITY. The Plan Commission may intended purpose on each side of all rear lot lines and on each side of all side lot lines or across lots where necessary or advisable for electric power and communication facilities, storm and sanitary sewers; street trees, gas, water, street lights and other utility lines and solar access. All easements shall be noted on the final plat followed by reference to the use or uses for which they are intended. (2) DRAINAGE EASEMENTS. Where a subdivision is traversed by a watercourse, drainageway channel or stream, an adequate and improvement of such drainageway or easement shall be easement shall be provided. The location, width, alignment, streets or parkways may be required in connection therewith. subject to the approval of the City Engineer; and parallel Where necessary, storm water drainage shall be maintained by hydraulically accommodate maximum potential volumes of flow, landscaped open channels of adequate size and grade to subject to review and approval by the City Engineer. All easements shall be noted on the final plat followed by reference to the use or uses for which they are intended. 18.46 PUBLIC SITES AND OPEN SPACES. (1) In the design of the plat, due consideration shall be given to the reservation playgrounds, drainageways, environmental corridors and other of suitable sites of adequate area for future schools, parks, public purposes. If designated on the comprehensive plan, comprehensive plan component, official map or component, made a part of the plat as stipulated in S18.11 of these neighborhood development plan, if any, such areas shall be regulations. If not so designated, consideration shall be given in the location of such sites to the preservation of scenic and historic sites, stands of fine trees, marshes, lakes and ponds, watercourses, watersheds and ravines. (2) Accordingly, each subdivider of land in the City shall, at the discretion and direction of the Plan Commission, prehensive plan or plan component or reserve such open space either dedicate open space lands designated on the City com- are directly involved, pay a public site fee. The Plan lands and pay a public site fee or, where no open space lands plat or certified survey map, select one of the following Commission shall, at the time of reviewing the preliminary at which the preliminary plat is presented for approval: options and record its selection in the minutes of the meeting CITY OF MUSKEGO 04/13/94 SUBDIVISION AND PLATTING 18.46(2) (a) (a) Dedication of Site ODtion. Whenever a proposed play- ground, park or other public open space land designated on the City's comprehensive plan, neighborhood unit development plan or other comprehensive plan component is encompassed, all or in part, within a tract of land to be subdivided, the public public by the subdivider at the rate of 5% of the total net lands shall be made a part of the plat and be dedicated to the area of the subdivision for schools and 5% of the total net area for parks; one acre for each 50 proposed or potential dwelling units; and any such proposed public lands in excess of the rate established herein shall be reserved for a period not to exceed 3 years, unless extended by mutual agreement, undeveloped land prices. If lands in excess of the established for purchase by the public agency having jurisdiction at rate are not acquired within the 3-year period, they will be released from dedication to the owner. (b) Reservation of Site ODtion. Whenever a proposed playground, park or other public open space land designated on the City's comprehensive plan, neighborhood unit development plan or other comprehensive plan component is encompassed, all or in part, within a tract of land to be subdivided, the proposed public open space lands shall be made a part of the plat and reserved at the time of final plat approval for a period not to exceed 3 years, unless extended by mutual public agency having jurisdiction and the subdivider shall pay agreement, for acquisition at undeveloped land prices by the a public site fee at the time of application for final plat approval at the rate and according to the procedures in par. (c) below. Land not acquired within the 3-year time period will be released to the owner. (c) Public Site Fee Option. If the proposed subdivision does not encompass a proposed public park, parkway or other reservation of land under par. (b) above, a fee for the open space lands or if the City Plan Commission requires the acquisition of public sites to serve the future inhabitants of the proposed subdivision shall be paid to the City Treasurer at the time of the signing and recording of a final plat of the subdivision or part thereof in an amount as from time to time established by resolution of the City Council to defray the impact that the additional residences will place on the park system for each proposed dwelling unit within the plat. Public site fees collected by the City Treasurer under the provisions of this section shall be placed in a nonlapsing special fund for City parks and shall be separate from the City general fund and such special fund shall be used exclu- sively for the acquisition and development of park, recreation and other open space areas within the City. CITY OF MUSKEG0 04/13/94 a e e SUBDIVISION AND PLATTING 18.46(2)(d) (d) Unulatted or Unsubdivided Land. In accordance with the City Code of Ordinances, upon applying for a building permit on unplatted or unsubdivided land intended for multi- family residential or other development, the developer shall pay a public site fee in an amount as from time to time established by resolution of the City Council to defray the impact the additional residences will place on the park system for each proposed dwelling unit or potential dwelling unit for park sites. Such payment shall be required prior to final plat approval, if the area is included on a subdivision plat; or prior to the issuance of a building permit, if the fee has not been paid as part of the subdivision review and approval process. In the alternative, the Plan Commission may require the developer of unplatted or unsubdivided lands to dedicate park lands in lieu of the required public site fee. Unplatted or unsubdivided lands dedicated shall be equal to 5-112 acres per 1,000 persons proposed in the development for parks. CITY OF MUSKEGO 04/13/94 SUBDIVISION AND PLATTING 18.50 REQUIRED IMPROVEMENTS structed in accordance with plans and standard specifications 18.50 GENERAL. All required improvements shall be con- approved by the City Public Works Committee, Public Utilities Committee, City Engineer, Wisconsin Department of Natural Resources and Milwaukee Metropolitan Sewerage District, as may be submitted, reviewed and approved in accordance with 518.72 be appropriate. Such plans and standard specifications shall of this chapter. 18.51 SURVEY MONUMENTS. The subdivider shall install survey monuments placed in accordance with the requirements of Ch. 236.15, Wis. Stats., and as may be required by the City Engineer. 18.52 GRADING. (1) Cut and filled lands shall be graded repose, whichever is the lesser, and an approved cover shall in accordance with the approved plans or the soils angle of be established within 30 days following completion of grading operations or such additional time period as may be approved by the Soil Erosion Inspector. (2) The subdivider shall grade the full width of the right-of-way of all streets proposed to be dedicated in accordance with plans and standard specifications approved by the City Public Works Committee, Public Utilities Committee and any' agency having jurisdiction, including the Wisconsin Department of Natural Resources, upon the recommendation of the City Engineer. The subdivider shall grade the roadbeds in the street rights-of-way to subgrade. be installed underground, the utility easements shall be (3) Where electric and communication facilities are to graded to within 6" of final grade by the subdivider prior to mounds of dirt or construction materials shall not be stored the installation of such facilities and earth fill, piles or on such easement areas. 18.53 SURFACING. After the installation of all utility and storm water drainage improvements, the subdivider shall surface all roadways in streets proposed to be dedicated, to the widths prescribed by these regulations and the adopted regional, county or City comprehensive plans or adopted plan plans and standard specifications approved by the City Public components. Such surfacing shall be done in accordance with CITY OF MUSKEG0 04/13/94 0 ! MUNICIPpL CODE CORP. TEL:9045i58852 Jul 08’94 9:42 No.002 P.08 SUBDIVISION AND PLATTING 18.54 Works Committee, Public Utilities Committee, upon the recom- mendation of the City Engineer and adopted by the City Council or its authorized agents. The second lift of asphalt shall not be installed until 90% of the lots are built upon or 36 months after the first lift: of asphalt is installed, whichever is sooner for a given phase. 18.54 CURB AN subdivider to construct concrete curb and gutters in accor- D QUTTER, The City Council may require the dance with plans and standard specifications approved by the the recommendation of the City Engineer and adopted by the city Public Works Committee, Public Utilities Committee, upon City Council or its authorized agents. Mountable curbs shall generally be constructed. Wherever possible, provision shall be made at the time of construction for driveway access curb cuts. The cost of installation of all inside curbs and gutters and highway system for the City shall be borne by the City. for dual roadway pavements on the established arterial street 18.55 BIDEWALKB. (1) The Plan Commission and City Council may require the subdivider to construct a concrete sidewalk or asphalt lof€-road path on one side of all frontage streets and on one or both sides of all other streets within the subdivision. The construction of all sidewalks shall be in accordance with plans and standard specifications adopted by the City Council. e (2) Wider than standard sidewalks may be required by the Plan Commission and City council in the vicinity of schools, commercial areas and. other places of public assemblage where may require the conrtruction of sidewalks in locations other the potential pedest.rian density may warrant and the Council than required under the preceding provisions of this chapter, adequate pedestrian circulation. if such walks are necessary in their opinion, for safe and 18.56 EEWAGE When public sanitary sewer facilities are available to the subdivision plat or certified survey map, the subdivider shall construct sanitary sewerage facilities in such a manner as to make adequate sanitary sewerage service available to each lot within the subdivision. In addition: (1) All subdivisions within the adopted sanitary sewer service area shall be provided with public sanitary sewer facilities. street lot line for all lots. (2) The subdivider shall install sewer laterals to the CITY OF MUSKEGO 04/13/94 SUBDIVISION AND PLATTING 18.56(3) (3) The size, type and installation of all sanitary sewers and sanitary sewer laterals proposed to be constructed shall be in accordance with plans and standard specifications adopted by the City Council. (4) The subdivider shall assume the cost of installing all sanitary sewers, sewer laterals and sewer appurtenance within the proposed subdivision, except for the added cost of installing sewers greater than 8" in diameter which are necessary to serve tributary drainage areas lying outside of the proposed subdivision, unless the over-sizing is required to serve vacant lands owned or controlled by the subdivider or adjacent landowner. In addition, the subdivider shall pay to the City a sanitary sewer trunk line connection fee based on the added cost of installing larger sewers in the total tributary drainage area which shall be prorated in proportion to the ratio which the total area of the proposed plat is to the total drainage area to be served by such larger sewers. 18.57 STORM WATER DRAINAGE FACILITIES. The subdivider shall construct storm water drainage facilities, adequate to serve the subdivision which shall include, but not be limited to, curbs and gutters, catch basins and inlets, storm sewers, road ditches, open channels, water retention structures, water detention structures, temporary sedimentation basins, and and grade to hydraulically accommodate the maximum potential settling basins. All such facilities shall be of adequate size volumes of flow and shall be so designed as to prevent and hazard to life or property. In addition: control soil erosion and sedimentation and to present no (1) The City shall require the installation of storm- water detention and retention facilities which shall be designed so the post development runoff shall not exceed predevelopment rates, velocities or volumes. (2) Unpaved road ditches and street gutters shall be permitted only in in-fill areas, where existing road ditches and street gutters exist, and the subdivider is connecting to an existing system and the placement of storm drainage facilities is not practical. Where so located, such ditches waterways. Where the velocity of flow is in excess of 4' per and gutters shall be shaped and seeded or sodded as grassed second on soils having a severe or very severe erosion hazard and in excess of 6' per second on soils having moderate, slight or very slight erosion hazard or where deemed neces- sary, the subdivider shall install a paved invert or check dams, flumes or other energy dissipating devices. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.57 (3) facilities shall include water retention structures and (3) Shoreland/wetland and isolated wetland drainage settling basins so as to prevent erosion and sedimentation where such facilities discharge into streams or lakes. The design criteria, the size, type, grades and installation of all storm water drains and sewers and the cross-section, invert and erosion control paving, check dams, flumes or other energy dissipating structures and seeding and/or sodding or open channels and unpaved road ditches proposed to be con- structed shall be in accordance with the plans and standard specifications approved by the City Council. (4) The subdivider shall assume the cost of installing all storm sewers within the proposed subdivision, except for which are necessary to serve tributary drainage areas lying the added cost of installing storm sewers greater than those outside of the proposed subdivision. In addition, the subdi- vider shall pay to the City a storm sewer trunk line connec- tion fee based on the added cost of installing larger sewers in the total tributary drainage area which shall be prorated in proportion to the ratio which the total area of the proposed plat is to the total drainage area to be served by such larger sewers. 0 permits shall be submitted to the City prior to any construc- (5) Copies of all DNR and U. S. Army Corps of Engineer tion of disturbances of land. 18.58 WATER SUPPLY FACILITIES. When public water supply and distribution facilities are available to the subdivision plat, the subdivider shall cause such water supply and dis- tribution facilities to be installed in such a manner as to make adequate water service available to each lot within the subdivision. The subdivider shall make provision for adequate private water systems as required by the City in accordance with the standards of the Wisconsin Departments of Natural Resources and Health and Social Services. In addition: (1) All subdivisions within the water supply service area of the City shall be provided public water supply and distribution facilities or community well facilities. (2) The subdivider shall install water laterals to the street lot line for all lots. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.58(3) (3) Where a community well is approved by the City council as a water distribution system for the subdivision, the developer shall require the installation of water meters in accordance with the rules and regulations of the City and the State Plumbing Code. The meter water usage shall be the basis for establishing water rates in the subdivision. a private water mains proposed to be constructed shall be in (4) The size, type and installation of all public or accordance with plans and standard specifications approved by the City Council. (5) The subdivider shall assume the cost of installing all water mains, water laterals and water system appurtenances within the proposed subdivision except for the added cost of cost of water mains greater than 8" in diameter shall be borne installing water mains greater than 8" in diameter. The added by the City Water Utility. 18.59 OTHER UTILITIES. (1) The subdivider shall cause gas, electrical power, cable television and telephone facili- ties to be installed in such a manner as to make adequate service available to each lot in the subdivision. No such electrical, telephone or cable television service shall be proposed location of all such utilities shall be approved by located on overhead poles. In addition, plans indicating the the City Engineer. (2) All new electric or communication lines from which lots are individually served shall be installed Underground within all newly platted subdivisions unless the Plan Commis- sion shall find that the lots to be served by such facilities can be served directly from existing overhead facilities. Associated equipment and facilities which are pertinent to underground electric and communications systems, including but mounted sectionalizing switches and pedestal-mounted terminal not limited to substations, pad-mounted transformers, pad- plan required for such above-ground equipment shall be boxes may be located above ground. Any landscape screening submitted to the affected utilities for approval. 18.60 STREET LAMPS, SIGNS AND TREES. (1) STREET. The subdivider shall pay to the City the cost to install street lamps of a design approved by the City Engineer, at each and at such interior block spacing as may be required by the subdivision street which intersects an arterial or. collector City Council. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.60 (2) (2) SIGNS. The subdivider shall pay to the City the costs for installing street signs of a design approved by the City Superintendent of Public Works at the intersection of all streets proposed to be dedicated, which signs shall be pro- vided and installed by the City. (3) TREES. (a) The subdivider shall plant one tree for each 50' of frontage on all streets proposed to be dedicated within and adjacent to the subdivision and located outside of the City street right-of-way and within 5' of the front lot line (on the homeowners lot), unless otherwise determined by the Plan Commission on the basis of existing conditions in terms of natural tree coverage. The following trees are deemed suitable for tree planting requirements: 1. Norway Maple - Acer Plantanoides. 2. Red Maple - Acer Rubrum. 3. Sugar Maple - Acer Saccharum. 4. White Ash - Fraxinus Americana. 5. Marshall Seedless Green Ash - Fraxinus Pennsylvania Subintegurima. 6. Kentucky Coffee Tree - Gymnocladus Dioicia. 7. Crabapple - Malus Varieties. 8. Haphornbeam or Ironwood - Ostrya Virginiana. 9. Red Oak - Quercus Rubra. 10. Greenspire Linden - Tilia Cordata. 11. Honey Locust - Prosopis Juliflora. (b) The required trees shall be planted so that they will not interfere with solar access to south walls and roof- tops. All trees shall be class A nursery stock, free of all disease and 8' to 10' in height, with 3" caliper at the point on the trunk 6" above grade after planting. All trees shall be planted and staked using proper and appropriate methods, no more than 50% of any one species may be used on any street and bonds for all street trees shall be in effect for 18 months after planting. Tree planting shall be completed in accordance with plans and specifications approved by the Plan Commission. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.60(3)(b)l. A bond shall be submitted in an amount determined by the City to cover the cost of the trees and planting of same and such bond will not be released until 18 months after planting. In addition: 1. In lieu of planting the total required number of street trees after it is determined by the Plan Commission on the basis of existing conditions in terms of natural tree coverage, the subdivider shall, at the time of final plat approval or certified survey map approval, pay a tree fee to the City Treasurer of $150 for each tree to be planted. Monies planting fund for that purpose and shall be separate from the collected for tree planting shall be kept in a special tree general fund of the City. The special funds shall be used exclusively for the acquisition and planting of trees else- where within the City. 2. Tree plantings shall be completed by the subdivider such time as directed by the Plan Commission or Park Board. in accordance with plans and specifications approved by and at 18.61 IMPROVEMENT OF EXISTING HALF-STREETS.Whereasub- division or minor land division abuts an existing street or half-street and lots within the subdivision or minor land division access the existing street or half-street, the half the improvements in the existing street or half-street subdivider shall be responsible for installing and paying for right-of-way. The City shall be responsible for paying the remaining half of the improvements. .The Cityls responsibility may include conducting special assessments for the benefitted properties. CITY OF MUSKEG0 04 /13/94 SUBDIVISION AND PLATTING 18.70 CONSTRUCTION 18.70 COMMENCEMENT. No construction or installation of improvements shall commence in a proposed subdivision until the preliminary plat or certified survey map has been approved by the City Council and approving authorities having jurisdic- meeting shall be scheduled or held until all permits required tion have given written authorization. No preconstruction by the DNR, MMSD, U.S. ACOE, Waukesha County Environmental Services Department or other such agency have been received by the City and City Engineers. Inspection fees shall be required to be filed as specified in S18.14 of this chapter. 18.71 BUILDING PERMITS. (1) PERMITS REQUIRED. NO build- ing shall be constructed prior to the issuance of the neces- sary zoning, building and sanitary permits. No building, zoning, sanitary or other permits shall be issued for erection of a structure on any lot not of record until all the require- ments of this chapter have been met. (2) INSPECTIONS. City staff shall have access to prem- ises and structures during reasonable hours to make those inspections deemed necessary to ensure compliance with this chapter. If, however, he is refused entry after presentation of identification, he shall procure a special inspection warrant under 5963.10, Wis. Stats., except in cases of emergency, when he shall have the immediate right of entry. 0 18.72 IMPROVEMENT PLAN APPROVAL PROCEDURE. The following procedure shall be followed for all subdivision construction/ improvement plans and submittal of revised plans: (1) Five copies of each plan shall be submitted to the Planning Department for distribution to the City Engineer, ment and the Mayor's secretary. The site grading and erosion Public Works Department, Utility Department, Planning Depart- control plan shall be forwarded to the Soil Erosion Control Inspector. The deadline for submittal is 2 weeks prior to Utility meeting and 3 full weeks prior to Public Works Committee meeting. (2) In no case will plans be accepted without a devel- oper's deposit. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.72(3) (3) In no case will plans be accepted or reviewed by the City Engineer, Public Works Department, Utility Department, processed through the Planning Department. Building Department or any City committee without first being (4) In no case will plans be accepted unless all not be reviewed on a piecemeal basis. The submittal shall improvement plans are included with the submittal. Plans will plans (including streets, sanitary sewer, storm sewer, water include: grading plans, drainage plan, public improvement and other utilities), landscape plan and erosion control plan. An individual plan may be submitted if it is one of the total set of plans and is being submitted as a revised plan wherein the remaining plans have been previously approved. and the developer shall have prior authorization of the City (5) Any preliminary .meeting between the City Engineer and there may be a fee for such meeting, depending on the scope and length of the meeting. (6) There will no longer be a review of so-called "pre- final" or "preliminary" construction plans for review by only mitted via the Planning Department to all City reviewers for the City Engineer. Preliminary plan submittal shall be trans- their comments in accordance with the above. These preliminary comments shall be sent to the Planning Department prior to transmittal to the applicant. Multiple reviews may be neces- sary and all comments from the reviewers shall be forwarded to the Planning Department with copies to the applicant. The Planning Department shall be the coordinator of plan review. revision date in order for it to be accepted and routed for (7) Each copy of the plans shall have a drawing and/or review. of 'If inal" construction/improvement plans to the City Engi- (8) The Planning Department will transmit the full set neer. The City Engineer will transmit to the outside approving will schedule the plans for review by the appropriate commit- agencies. Once the review is complete, the Mayor's secretary tee (Utilities, Public Works, Finance) if and only if a letter of approval by the City Engineer is received. the Mayor's secretary, to confirm the date, time and location (9) It will be the applicant's responsibility to contact of the respective committee meeting. CITY OF MUSKEG0 04/13/94 0 SUBDIVISION AND PLATTING 18.72(10) (10) Once the City committees and outside approving agencies provide written approval, the applicant may schedule a preconstruction meeting through the Mayor's secretary. ing construction specifications shall be provided by the 18.73 REOUIRED PLANS. The following plans and accompany- subdivider and reviewed and approved by the Public Works Committee, Public Utility Committee, Department of Natural Resources, Milwaukee Metropolitan Sewerage District and the City Engineer before construction or installation of improve- ments is authorized: (1) Street plans and profiles showing existing and proposed grades, elevations and cross sections of required improvements. (2) Sanitary sewer plans and profiles showing the facilities. locations, grades, sizes, elevations and materials of required (3) Stormwater management plans, calculations and profiles showing the locations, grades, sizes, cross sections, elevations and materials of required facilities. sizes, elevations and materials of required facilities. (4) Water main plans and profiles showing the locations, those structures required to retard the rate of runoff water (5) Erosion and sedimentation control plans showing and those grading and excavating practices that will prevent and plans to protect existing vegetation (fences, tree wells, erosion and sedimentation. The time span soil will be exposed the guidelines and standards set forth in the publication, etc) shall be prepared and such plans shall generally follow Waukesha County Land Conservation Committee, as amended. U.S. Soil Conservation Service Technical Guide, adopted by the (6). Master site grading plan showing the finished grades of each lot in the subdivision. (7) Planting plans showing the locations, age, caliper and species of any required grasses, vines, shrubs and trees. (8) Additional special plans or information as required. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.74 18.74 INSPECTION. The subdivider, prior to commencing any work within the subdivision, shall make arrangements for a preconstruction meeting conducted by the City Engineer where all details regarding the installation of the required im- provements shall be presented and reviewed and shall include provisions for engineering inspection services. All engineer authorities or their representatives and the City Engineer inspections shall be made by the City Engineer. The approving prior to release of the sureties and acceptance of dedicated shall inspect and recommend for approval all completed work subdivision improvements. 18.75 AS-BUILT PLANS REOUIRED. Within 30 days following the completion and acceptance by the City Engineer of all improvements, the subdivider shall provide a duplicate re- producible copy of all improvement plans. Sewer and water as-builts shall be prepared by the City Engineer at the sub- divider's expense. 18.76 EROSION CONTROL. (1) REQUIRED. The subdivider and other land surface disturbances to be so mulched, seeded, shall cause all grading, excavations, open cuts, side slopes sodded or otherwise protected that erosion, siltation, sedimentation and washing are prevented in accordance with plans and specifications approved by the Soil Erosion Control Inspector under Ch. 29 of this Municipal Code. In addition: (a), All erosion control plans shall incorporate the Wisconsin Construction Site - Best Management Practices Handbook to reduce soil loss during construction to 10% of the gross soil loss as estimated by the universal soil loss equation. (b) Sod shall be laid in strips at those intervals direction of drainage. necessary to prevent erosion and at right angles to the (c) Temporary vegetation and mulching shall be used to protect critical areas and permanent vegetation shall be September 15th of each year. installed within 30 days of final grading but not past the smallest practical area and for the shortest practical (d) Construction at any given time shall be confined to period of time. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.76(1)(e) all drainageways to trap, remove and prevent sediment and (e) Sediment basins shall be installed and maintained at debris from being washed outside the area being developed. (2) SHORELAND PLANTING AND SEDIMENT CONTROL. The sub- divider shall plant those grasses, trees, shrubs and vines of a species and size native to Wisconsin and specified by the City Council necessary to prevent soil erosion and protect stream and lake banks. In addition: (a) The Soil Erosion Control Inspector may require the subdivider to provide or install certain protection and rehabilitation measures, such as fencing, sloping, seeding, rip-rap, revetments, jetties, clearing, dredging, snagging, drop structures, brush mats, willow poles and grade stabiliza- tion structures. (b) Tree cutting and shrubbery clearing shall not exceed 50% of the lot or tract and shall be so conducted as to pre- qualities; and, during foliation, substantially screen any vent erosion and sedimentation; preserve and improve scenic development from stream or lake users. (See sub. (1) of this section) . (c) Paths and trails in wooded and wetland areas shall not exceed 10’ in width unless otherwise approved by the City Plan Commission, and shall be so designed and constructed as to result in the least removal and disruption of trees and shrubs. If a gravel path is warranted, it shall be covered and maintained with a woodchip surface. (d) Earth moving, such as grading, topsoil removal, mineral extraction, stream course changing, road cutting, waterway construction or enlargement, removal of stream or drain tile laying, dredging, and lagooning, shall be so lake bed materials, excavation, channel, clearing, ditching, conducted as to prevent erosion and sedimentation and to least disturb the natural fauna, flora, watercourse, water regimen, and topography, (See 518.75 and sub. (1) of this section). (e) Review of the conduct of such cutting, clearing and moving may be requested of the Waukesha County Land Conserva- tion Committee, the State District Fish and Game Managers and the State District Forester by the City Erosion Control Inspector or City Plan Commission as they deem appropriate. CITY OF MUSKEG0 04/13/94 SUBDIVISION AND PLATTING 18.76(3) (3) EXISTING FLORA. The subdivider shall make every effort to protect and retain all existing trees, shrubbery, vines and grasses not actually lying in public roadways, drainageways, building foundation sites, private driveways, soil absorption waste disposal areas, paths and trails. Trees are to be protected and preserved during construction in accord with sound conservation practices, including preserva- tion of trees by well islands, temporary fencing or retaining walls whenever abutting grades are altered. In addition: protect critical areas and permanent vegetation shall be (a) Temporary vegetation and mulching shall be used to installed as soon as practical. the smallest practical area and for the shortest practical (b) Construction at any given time shall be confined to period of time. all drainageways to trap, remove and prevent sediment and (c) Sediment basins shall be installed and maintained at debris from being washed outside the area being developed. CITY OF MUSKEG0 04/13/94 a INDEX section -A- ADMINISTRATION AND ENFORCEMENT Abrogation and greater restrictions of regulations ............................ 18.04 Appeals .................................... 18.13 City planner ............................... 18.10 Fees ....................................... 18.14 General provisions ......................... 18.20 et seq. Penalties and remedies ..................... 18.12 Violations ................................. 18.11 AGREEMENTS. See: CONTRACTS AND AGREEMENTS APPEALS Procedures ................................. 18.13 APPROVALS. See: REVIEW AND APPROVALS -B- BLOCKS ........................... e Design standards 18.41 BOUNDARIES Preliminary plat data requirements ......... 18.31(3)(b) BRIDGES Design standards ........................... 18.40 BUILDING PERMITS Existing substandard lots .................. 18.23 Required 18.71(1) Inspections 18.71(2) ................................ ................................... BUILDINGS Setback lines Design standards ......................... 18.43 -c- CABLE TELEVISION Other utility improvements .................. Underground facilities 18.59 Grading, required improvements ........... 18.52 CITY OF MUSKEG0 04/13/94 1-1 INDEX CITY COUNCIL Final plat approval ........................ Minor plats ................................ CITY PLANNER Administrative regulations ................. COMMERCIAL, INDUSTRIAL DISTRICTS Design standards ........................... COMMUNICATION FACILITIES Grading, required improvements ............. Other utility improvements ................. COMPLIANCE Compliance requirements .................... . COMPREHENSIVE PLAN Dedication and reservation of lands ........ Design standards for streets ............... Final plats ................................ Jurisdiction and compliance ................ Land division procedures ................... Preliminary plats .......................... Public sites and open spaces ............... Specific words, phrases defined ............ Variances .................................. CONDOMINIUM PLATS Land division procedures ................... CONSERVATION . See: SOIL AND WATER CONSERVATION CONSTRUCTION STANDARDS As-built plans required .................... Building permits ........................... Commencement ............................... Erosion control ............................ Improvement plan approval procedure ........ Required plans Inspection ................................. ............................. CONTRACTS AND AGREEMENTS Contract approvals for.street, utility improvements ........................... Section 18.32(2) 18.33(4) 18.10 et seq . 18.40 18.52 18.59 18.20 18.21 18.40 18.32 18.20 18.30 18.31 18.46 18.08(2) 18.24 18.36 18.75 18.71 18.70 18.72 18.76 18.74 18.73 18.22(1) 1-2 CITY OF MUSKEG0 04/13/94 INDEX CONTRACTS AND AGREEMENTS--Cont’d. Section Covenants, affidavits Subdivider agreement Preliminary plat data requirements ....... 18.31(3)(b) Advance reimbursement ..................... 18.22(6) CORNER LOTS Design standards ........................... 18.42(10) CULVERTS Design standards ........................... 18.40 CURB AND GUTTER Design standards ........................... 18.40 Required improvements ...................... 18.54 -D- DEDICATIONS Dedication and reservation of lands ........ 18.21 Public sites and open spaces ............... 18.46 DEFINITIONS 0 General definitions ........................ 18.08(1) Specific words, phrases defined ............ 18.08(2) DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION Specific words, phrases defined ............ 18.08(2) DESIGN STANDARDS Blocks ..................................... 18.41 Building setback lines ..................... 18.43 Easements .................................. 18.45 Lots. ...................................... 18.42 Public sites and open spaces ............... 18.46 Special restrictions ....................... 18.44 Streets .................................... 18.40 DEVELOPER DEPOSITS Improvement review fee ..................... 18.30(4) DISCLAIMER OF LIABILITY Severability and disclaimer of liability ... 18.06 DRAINAGEWAYS Dedication and reservation of lands ........ 18.21 0 CITY OF MUSKEG0 04/13/94 1-3 INDEX Section DRAINAGEWAYS..Cont’d . Easements Drainage easements ....................... 18.45 Maintaining drainage ....................... 18.11(3) Public sites and open spaces ............... 18.46 Storm water drainage facilities Required improvements .................... 18.57 DUPLICATES ................................ Minor plats 18.33(4) Final plats 18.32(2) ................................ -E- EASEMENTS Drainage easements ......................... 18.45 utility easements .......................... 18.45 ELECTRIC UTILITY FACILITIES Easements .................................. 18.45 Land division procedures 18.31(3) Grading, required improvements 18.52 Other utility improvements ................. 18.59 ............. ................... ENGINEERING Engineering fee ............................ 18.14(7) ENVIRONMENTAL CORRIDORS Dedication and reservation of lands ........ 18.21 Public sites and open spaces ............... 18.46 Specific words. phrases defined ............ 18.08(2) EROSION Erosion control generally .................. 18.76 Improvement plan approval procedure ........ 18.72 Purpose, intent of regulations ............. 18.03 EXCAVATIONS Erosion control plan ....................... 18.76 -F- FEES Administrative fee ......................... 18.14(8) Certified survey map review fee ............ 18.14(3) Dedication and reservation of lands Proportional payment in lieu of fees ..... 18.21 Engineering fee ............................ 18.14(7) CITY OF MUSKEG0 04/13/94 1-4 INDEX FEES..Cont’d . Final plat review .......................... Generally .................................. Improvement review fee ..................... Inspection fee ............................. Preliminary plat review .................... Public site fee ............................ Public site fee option ..................... Section 18.14(1) 18.14 (6) 18.14(4) 18.14 (5) 18.14(2) 18.14(9), 18.21 18.46 FILL Fill materials Land suitability ......................... 18.25 Specific words. phrases defined ............ 18.08(2) FINAL PLAT Land division procedures ................... 18.32 FINES. FORFEITURES AND OTHER PENALTIES Administration and enforcement provisions Penalties and remedies ................... 18.12 Violations ............................... 18.11 0 ............. FLOODING Purpose. intent of regulations 18.03 FLOODLANDS Dedication and reservation of lands ........ 18.21 Disclaimer of liability .................... 18.06 Land suitability ........................... Preliminary plat data requirements 18.31(3)(b) 18.25 Specific words. phrases defined ............ 18.08(2) Violations ................................. 18.11 ......... FLORA . See: TREES AND VEGETATION FOREST. WOODLANDS . See also: TREES AND VEGETATION Environmental corridor defined ............. 18.08(2) Wooded areas and natural tree settings ..... 18.26 -G- GAS Easements .................................. 18.45 GENERAL PROVISIONS General provisions of these regulations .... 18.20 et seq . a CITY OF MUSKEG0 04/13/94 1-5 INDEX Section GEOLOGICAL FORMATIONS Environmental corridor defined ............. 18.08(2) GOVERNMENTAL UNITS Compliance ................................. 18.22(1) GRADING Construction plans required ................ 18.73 Erosion control plan ....................... 18.76 Required improvements ...................... 18.52 GROUNDWATER Land suitability ........................... 18.25(6) -H- HISTORIC SITES Environmental corridor defined ............. 18.08(2) Public sites and open spaces ............... 18.46 HYDRANTS Preliminary plat submittal requirements .... 18.31(3) -1- IMPROVEMENTS. See also: PUBLIC IMPROVEMENTS Extraterritorial plats and certified survey maps ............................ 18.34 INSPECTIONS Construction requirements .................. 18.74 INTERPRETATION Of regulations ............................. 18.05 INTRODUCTION Abrogation and greater restrictions..... ... 18.04 Authority .................................. 18.01 Definitions ................................ 18.08 Inconsistency with other ordinances ........ 18.05 18.07 Purpose and intent ......................... Interpretation ............................. 18.03 Severability and disclaimer of liability ... 18.06 Short title. ............................... 18.02 CITY OF MUSKEG0 04/13/94 1-6 . INDEX -J- Section JURISDICTION Jurisdiction and compliance ................ 18.20 -L- LAKES, RIVERS, STREAMS Dedication and reservation of lands.. ...... 18.21 Public improvements. See that subject Environmental corridor defined ............. 18.08(2) Shoreland planting and sediment control Surface water plan ................................... 18.76 Drainageways. See that subject Specific words, phrases defined .......... 18.08(2) Stormwater, sewers. See that subject Environmental corridor defined ........... 18.08(2) Wetlands LAND DIVISIONS Land division ordinance Authority ................................ 18.01 Purpose, intent of regulations ........... 18.03 Short title .............................. 18.02 Condominium plats ........................ 18.36 Extraterritorial plats and certified survey maps .......................... 18.34 Final plat ............................... 18.32 Minor land division ...................... 18.33 Preapplication ........................... 18.30 Preliminary plat ......................... 18.31 Replat ................................... 18.35 0 Procedures LIGHTING Easements.................................. Street lamps 18.45 Required improvements .................... 18.60 LOTS Design standards ........................... 18.42 Existing substandard lots..... ............. 18.23 Preliminary plat data requirements ......... 18.31(3)(b) Specific words, phrases defined. ........... 18.08(2) a CITY OF MUSKEG0 04/13/94 1-7 INDEX Section -M- MINOR LAND DIVISION Land division procedures ................... 18.33 Final plat approval ........................ 18.32(2) waiver of monuments ........................ 18.22(5) MONUMENTS Survey monuments Required improvements .................... 18.51 -N- NONCONFORMING LOTS Existing substandard lots.... .............. 18.23 NUISANCES Violations... .............................. 18.11 -0- OBSTRUCTIONS Drainage obstructions ...................... 18.11(3) OPEN SPACE Dedication and reservation of lands ........ 18.21 Public sites and open spaces ............... 18.46 ORDINANCES Inconsistency with other ordinances. ....... -P- PARKS Dedication and reservation of lands ........ 18.07 18.21 Public sites and open spaces ............... 18.46 PARKWAYS. See: ROADWAYS, STREETS AND SIDEWALKS PEDESTRIAN WAYS. See: ROADWAYS, STREETS AND SIDEWALKS PENALTIES. See: FINES, FORFEITURES AND OTHER PENALTIES PLAN COMMISSION Existing substandard lots .................. 18.23 Final plat approval ........................ 18.32(2) CITY OF MUSKEG0 04/13/94 1-8 i INDEX PLAN COMMISSION..Cont'd . Section Land suitability ........................... 18.25(4) Minor plats ................................ 18.33(4) PLANNED DEVELOPMENTS Land suitability ........................... 18.25 PLANS Improvement plan approval procedure ........ 18.72 PLATS . See: SURVEYS. MAPS AND PLATS POLLUTION Purpose. intent of regulations ............. 18.03 PREAPPLICATION Land division procedures ................... 18.31 PRELIMINARY PLAT Land division procedures ................... 18.31 PRESERVING Wooded areas and natural tree settings ..... 18.26 PROPERTY Land suitability ........................... 18.25 PROPERTY RIGHTS Variances .................................. 18.24 PUBLIC FACILITIES Purpose. intent of regulations ............. 18.03 PUBLIC IMPROVEMENTS Contract approvals for street, utility Dedication and reservation of lands 18.21 Easements .................................. 18.45 Installation of improvements Improvement review fee 18.14(4) 18.22 Public site fee ............................ 18.14(9), 18.21 Required improvements ........................... improvements 18.22(1) ........ ..................... ............... As-built plans required .................. 18.75 Curb and gutter .......................... 18.54 General .................................. 18.50 Grading .................................. 18.52 Improvement of existing half-streets ..... 18.61 CITY OF MUSKEG0 04/13/94 1-9 INDEX PUBLIC IMPROVEMENTS..Cont’d . Other utilities .......................... Sewage disposal facilities ............... Sidewalks ................................ Storm water drainage facilities .......... Street lamps, signs and trees ............ Surfacing ................................ Water supply facilities Survey monuments ......................... .................. Specific words, phrases defined ............ c section 18.56 18.59 18.55 18.57 18.60 18.53 18.58 18.51 18.08(2) PUBLIC WAYS . See: ROADWAYS. STREETS AND SIDEWALKS -R- RAILROAD RIGHTS-OF-WAY Design standards ........................... 18.40 RECREATION SITES Environmental corridor defined ............. 18.08(2) REPLATS Land division procedures ................... 18.35 REQUIRED IMPROVEMENTS . See: PUBLIC IMPROVEMENTS REVIEW AND APPROVALS City planner duties ........................ 18.10(4) Data requirements .......................... 18.31(3)(b) Fees ....................................... 18.14 Minor plats ................................ 18.33(4) Preliminary plat review .................... 18.31 RIVERS . See: LAKES. RIVERS AND STREAMS ROADS, STREETS AND SIDEWALKS Contract approvals for street. utility Dedication and reservation of lands ........ 18.21 Definitions ................................ 18.08 Design standards ........................... 18.40 et seq . Easements ........................... improvements 18.22(1) See: DESIGN STANDARDS Drainage easements ....................... 18.45 Utility easements ........................ 18.45 CITY OF MUSKEG0 04/13/94 1-10 INDEX ROADS, STREETS AND SIDEWALKS--Cont'd. Half-streets Preliminary plat data requirements Public improvements. See also that subject Specific words, phrases defined .......... Public improvements. See that subject Required construction plans ................ Required improvements ...................... Required improvements. See: PUBLIC Sidewalks Special restrictions Specific words, phrases defined ............ Street lamps, signs and trees Required improvements .................... Street signs Required improvements .................... Surfacing Required improvements .................... .................... Required improvements ......... IMPROVEMENTS .................... Required improvements ....................... -s- SCHOOLS Dedication and reservation of lands ........ Public sites and open spaces ............... SETBACK LINES Design standards ........................... SEVERABILITY Severability and disclaimer of liability ... SEWAGE DISPOSAL FACILITIES Building permits ........................... Public improvements. See also that subject Improvement plan approval procedure Specific words, phrases defined .......... Required improvements ...................... Stormwater, sewers. See that subject See also that subject Utilities. See that subject ........ SHALLOW BEDROCK Land suitability ........................... Section 18.61 18.31(3) (b) 18.08(2) 18.73 18.51 18.55 18.44 18.08(2) 18.60 18.60 (2) 18.53 18.21 18.46 18.43 18,06 18.71 18.72 18.08 (2) 18.56 18.25 CITY OF MUSKEG0 04/13/94 1-11 INDEX SHORELINES Dedication and reservation of lands ........ Erosion control plan ....................... Lakes, rivers and streams. See that subject Land suitability ........................... Soil and water conservation. See that See also: SOIL EROSION subject SIDEWALKS. See: ROADS, STREETS AND SIDEWALKS SIGNS Required improvements ...................... SOIL AND WATER CONSERVATION Preliminary plat data requirements ......... Soil erosion control Construction plans required .............. Erosion control plan ..................... Improvement plan approval procedure ...... SOIL TESTS Preliminary plat data requirements ......... SOILS Disclaimer of liability .................... Land suitability ........................... STEEP SLOPES Land su'itability ........................... STORMWATER, SEWERS Dedication and reservation of lands ........ Maintaining drainage, obstructions ......... Public improvements. See also that subject Specific words, phrases defined.. ........ Required improvements ...................... See also that subject Specific words, phrases defined ............ Stormwater drainage facilities Stormwater management construction plans .................... Required improvements required ............................... STREAMS. See: LAKES, RIVERS AND STREAMS STREETS. See: ROADWAYS, STREETS AND SIDEWALKS CITY OF 1-12 Section 18.21 18.76 18.25 18.60 18.31(3) (b) 18.73 18.76 18.72 18.31(b) 18.06 18.25 18.25(4) 18.21 18.11(3) 18.08(2) 18.56 18.08(2) 18.57 18.73 MUSKEG0 04/13/94 INDEX Section SUITS, ACTIONS AND OTHER PROCEEDINGS Appeals procedures ......................... Penalties, remedies for violations. ........ SmFACE WATER Drainageways. See that subject Specific words, phrases defined ............ Stormwater, sewers. See that subject SURVEYS, MAPS AND PLATS City planner duties ........................ survey maps ............................ Extraterritorial plats and certified Land division procedures Final plat approval See: LAND DIVISIONS ........................ ................... Plats outside corporate limits ............. Review fees ................................ Specific words, phrases defined ............ Survey monuments ........................... Required improvements .................... -T- TELEPHONE FACILITIES Other utility improvements ................. Underground facilities Grading, required improvements ........... TELEVISION, CABLE. See: CABLE TELEVISION TITLE Short title ................................ TREES AND VEGETATION Construction plans required ................ Erosion control plan ....................... Existing flora. ............................ Minor plats ................................ Planting strips Public improvements. See that subject Preliminary plat data requirements ......... Public improvements. See also that subject Specific words, phrases defined .......... See also: PUBLIC IMPROVEMENTS Required improvements ...................... 18.13 18.12 18.08(2) 18.10 18.32(2) 18.34 18.30 et seq. 18.22(4) 18.14 18.08(2) 18.22(3) 18.51 18.59 18.52 18.02 18.73 18.76 18.76(3) 18.33(4) 18.31(3) (b) 18.08(2) 18.60 1-13 CITY OF MUSKEG0 04/13/94 INDEX TREES AND VEGETATION--Cont'd. special restrictions.. ..................... Wooded areas and natural tree settings ..... Specific words, phrases defined .......... -u- UNCONSTITUTIONAL PROVISIONS Severability and disclaimer of liability ... UNDERGROUND FACILITIES Grading, required improvements ............. Other utility improvements ................. Utilities. See that subject Preliminary plat submittal requirements .... UNPLATTED LANDS Public sites and open spaces ............... UTILITIES Electric utility facilities. See that Improvement plan approval procedure ........ Public improvements. See also that subject Specific words, phrases defined .......... Required improvements ...................... See also: PUBLIC IMPROVEMENTS Sewage disposal facilities. See that Water supply facilities. See that subject Utility easements subject subject .......................... -v- VARIANCES Regulations ................................ VEGETATION. See: TREES AND VEGETATION VIOLATIONS Violations ................................. Penalties. See: FINES, FORFEITURES AND OTHER PENALTIES Section 18.44 18.26 18.08(2) 18.06 18.52 18.59 18.31(3) 18.46 18.72 18.08(2) 18.59 18.45 18.24 18.11 CITY OF MUSKEG0 04/13/94 1-14 INDEX Section -w- WATER SUPPLY FACILITIES Hydrants, preliminary plat submittal Intent of provisions ....................... 18.03 Land suitability ........................... 18.25 Public improvements. See that subject Required improvements ...................... 18.58 ........................... requirements 18.31(3) Preliminary plat submittal requirements .... 18.31(3) WETLANDS. See: LAKES, RIVERS AND STREAMS WILDLIFE HABITATS Environmental corridor defined ............. 18.08(2) WOODED AREAS. See also: TREES AND VEGETATION Environmental corridor defined ............. 18.08(2) Wooded areas and natural tree settings ..... 18.26 -2- 0 ........................... ZONING Building permits 18.71 Existing substandard lots .................. 18.23 CITY OF MUSKEG0 04/13/94 1-15 INDEX -w- Section WATER SUPPLY FACILITIES Hydrants, preliminary plat submittal Intent of provisions ....................... 18.03 Land suitability ........................... 18,25 Preliminary plat submittal requirements .... 18.31(3) Public improvements. See that subject Required improvements ...................... 18.58 ........................... requirements 18.31(3) WETLANDS. See: LAKES, RIVERS AND STREAMS WILDLIFE HABITATS Environmental corridor defined ............. 18.08(2) WOODED AREAS. See also: TREES AND VEGETATION Environmental corridor defined ............. 18.08(2) Wooded areas and natural tree settings ..... 18.26 -2- ZONING Building permits ........................... 18.71 Existing substandard lots .................. 18.23 CITY OF MUSKEG0 04/13/94 1-15