ORD20011080COMMON COUNCIL - CITY OF MUSKEG0
ORDINANCE #I080
AN ORDINANCE TO AMEND CHAPTER 17, SECTIONS 2.02 AND 6.11, OF THE
MUNICIPAL CODE OF THE CITY OF MUSKEG0
BUILDING, SITE AND OPERATIONAL (BSO) PLANS
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The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain
as follows:
SECTION 1 Chapter 17, Sections 2.02 and 6.11 of the Municipal Code of the City of
Muskego, Wisconsin, is hereby amended and made a part of the Municipal Code as
adopted by Ordinance #1080.
SECTION 2: A copy of said Ordinance has been on file in the Office of the City Clerk-
Treasurer 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 shall
remain in full force and effect. Any other ordinance whose terms conflict with the
SECTION 4: This ordinance is in full force and effect from and after its passage and
publication.
@ provisions of this ordinance are hereby repealed as to those terms that conflict.
PASSED AND APPROVED THIS / /TH DAY OF S~Pi6rnf3ER ,2001
Daxd-L De Angelis, Mayor
First Reading: 08/28/01
AlTEST. Published this & day of
September, 2001
B/Oljmb
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #lo80
AN ORDINANCE TO AMEND CHAPTER 17, SECTIONS 2.02 AND 6.11, OF THE
MUNICIPAL CODE OF THE CITY OF MUSKEGO
BUILDING, SITE AND OPERATIONAL @SO) PLANS
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS:
SJXTKNL: Chapter 17, Section 2.02, of the Municipal Code of the City of Muskego is amended to
include the following definitions in alphabetical order, and all other definitions of Section I7:2.02
are renumbered accordingly.
2.02 P
Buffer Yard: Open spaces, landscaped areas, fences, walls, berms, or any combination thereof used
to physically separate or screen one use or property from another so as to visually shield or block
noise, light, or other nuisances.
Complete Application: A submittal received from a petitioner for Building Site and Operational
Plan approval which contains all of the required elements of Section 17:6.1 l(4).
Development Pad: That portion of a lot which is intended to be graded, paved, or built upon.
Environmental Feature: natural resource and resource-related elements include the following:
(a) Lakes, rivers and streams, together with their natural floodplain.
(b) Wetlands.
(c) Forest and woodlands.
(d) Wildlife habitat areas.
(e) Rough topography.
(0 Significant geological formations.
(8) Wet or poorly drained soils.
(i) Historic sites and structures.
(k) Significant scenic areas or vistas.
Ordinance #lo80
Open Space Ratio: The total area of a given lot or parcel subject to Building Site and Operational
same lot with the building, and not used for parking or driveway purposes, and expressed as a
percentage of the total area of the lot; i.e., an O.S.R. of 50% indicates that 112 the total area of the
lot is not occupied by buildings, parking areas, or driveways.
Mitigation Area: The portion of a lot which could be included in a Development Pad, but which is
restricted for use as undeveloped open space in order to alleviate or lessen the impact of
development.
Steep Slope: Land areas where the gradient exceeds twelve (12) percent,
Plan requirements of Section 17:6. I I, which constitutes unoccupied space open to the sky on the
SECUQN23: Chapter 17, Section 6.1 1, of the Municipal Code of the City of Muskego is hereby
repealed and recreated as follows:
6.11 AJ'PROVAI. OF lWlLWlG SITE ANDAT. PLANS
(1) Purpose: The purpose of this Section is to specify the requirements and procedures for the
review and approval of site plan applications. The provisions of this Section are designed to
ensure that all proposed land use and development activity complies with the requirements of
this Ordinance. Specifically, this Section requires that the initiation of all development activity
(including building permits, zoning certificates, occupancy permits for a change of use of an
existing lot or structure where there is contemplated a site plan revision, clear cutting, grading
or filling) require the approval of Building, Site and Operational Plans (herein referred to as
BSO Plans) by the City staff before the building, occupancy, and zoning permits can be issued.
(2) Exceptions:
Single-family or two-family residential development activity on unplatted lands, or associated
with an approved final plat of a subdivision or certified survey map shall be exempt from Plan
Commission Building Site and Operational Plan approval
(3) Procedure:
(a) Plan AppraYal: Procedures for approval of a site plan
shall be initiated by the owner(s) of the subject property, or their legally authorized
representative(s).
(b) "pptlnlr: The petitioner is encouraged, but not required, to first meet
with the Planning Director and other applicable City Staff to discuss preliminary
concepts and plans for the development. Guidance will be provided to the Petitioner on
technical requirements and procedures, and a timetable for project review may be
discussed.
..
.. : Petitioner shall submit a complete BSO Plan application, accompanied by all fees and 0 zich from time to time may be adopted by the Common Council and in effect at the time of
submittal.
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Ordinance #IO80
0 (4) Application Requirements: A complete application shall be comprised of all of the following:
(a)- .. of the intended use describing in reasonable detail the:
I,
2.
3.
4.
5.
6.
7
8.
9.
10.
I I.
12.
13.
14.
15.
16.
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Full name and contact information of the petitioner and / or agent, and property
owner, if different;
Full name and contact information of petitioner’s engineers / surveyors /
architects, and other design professionals used in BSO Plan preparation;
Existing zoning district(s) and proposed zoning district(s) if different;
Current land uses present on the subject property;
Proposed land uses for the subject property
Land use designation(s) as depicted on the adopted Comprehensive Plan;
Description of existing environmental features as defined by Section I7:2.02 of
this Ordinance;
Projected number of residents, employees, and / or daily customers;
Proposed amount of dwelling units, floor area, Open Space area, and landscape
surface area, expressed in square feet and acreage to the nearest one-hundredth
of an acre;
Resulting site density, Floor Area Ratio as calculated using the criteria
established in Section 17:5.04 of this Ordinance, Open Space Ratio, and
Landscape Surface Area Ratio, as defined in Section 17:2.02 of this Ordinance;
Operational considerations relating to hours of operation, projected normal and
peak water usage, sanitary sewer or septic loadings,
Traftic generation;
Operational considerations relating to potential nuisance creation pertaining to
the appropriate design of street access, traffic visibility, parking, loading,
exterior storage, exterior lighting, vibration, noise, air pollution, odor,
electromagnetic radiation, glare and heat, fire and explosion, toxic or noxious
materials, waste materials, drainage, and hazardous materials.
Material Safety Data Sheets (MSDS) for all materials anticipated to be used or
stored on site;
Exterior building and fencing materials;
Possible future expansion and related implications for 1-13, above, and:
Any other information pertinent to adequate understanding by the Plan
Commission of the intended use and its relation to nearby properties.
(b) drawing which includes:
I, A title block which provides all contact information for the petitioner and /or
agent, and property owner if different;
2. Full name and contact information of petitioner’s engineers / surveyors /
architects, and other design professionals used in BSO Plan preparation;
3. The date of the original plan and the latest date ofrevision to the plan;
4. A north arrow and a graphic scale. Said scale shall not be smaller than one inch
equals 100 feet unless otherwise approved by the Planning Director or his
designee prior to submittal;
5. A legal description of the subject property;
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Ordinance #IO80
6.
7
8.
9.
IO.
11.
12.
13.
14.
15.
16.
17
18.
19.
All property lines and existing and proposed right-of-way lines with bearings
and dimensions clearly labeled;
All existing and proposed easement lines and dimensions with a key provided
and explained on the margins of the plan as to ownership and purpose;
All required building setback and offset lines;
All existing and proposed buildings, structures, and paved areas, including
building entrances, walks, drives, decks, patios, fences, walls,
All existing and proposed utility and drainage systems, connections and fixtures;
The location and dimension of all access points onto public streets including
cross-section drawings of the entry throat;
The location and dimension of all on-site parking (and off-site parking
provisions if they are to be employed), including a summary of the number of
parking stalls provided versus required by Section 17:6.04 of this Ordinance;
The location and dimension of all loading and service areas on the subject
property and labels indicating the dimension of such areas;
The location of all outdoor storage and refuse disposal areas and the design of
all screening devices;
The location, type, height, size and lighting of all signage on the subject
The location, height, designitype, illumination power and orientation ofall
exterior lighting on the subject property -- including the clear demonstration of
compliance with a limit of0.5 foot candles at all property lines;
The location and type of any permanently protected green space areas;
The location of existing and proposed drainage facilities; and
In the legend, data for the subject property:
a. Lot Area measured in square feet and acres to the nearest one-hundredth
b. Floor Area measured in square feet using the criteria of Section 5 of this
c. Floor Area Ratio as defined in Section 2 and as calculated using the
d. Open Space Area as defined in Section 2 and as calculated using the
e. Open Space Ratio as defined in Section 2 and as calculated using the
propem;
of an acre;
Ordinance;
criteria of Section 5 of this Ordinance;
criteria of Section 5 of this Ordinance;
criteria of Section 5 of this Ordinance
criteria of Section 5 of this Ordinance
f. Building Height as defined in Section 2 and as calculated using the
(c) A of the subject property, at the same scale as the main
plan showing.
1, The name and address of the property owner, the landscape architect or
designer who prepared the plan.
2. The name of the proposed project.
3. The plan preparation date and the date of any revisions thereto.
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Ordinance #lo80
4. A graphic scale and a north arrow.
5. A legal description of the property
6. A plat of survey, or a sketch drawn to scale approved by the Planning
Director or his designee.
7. The location, caliper (size), and common name of all existing
deciduous trees six (6) inches or larger in diameter at breast height
(d.b.h.), all existing coniferous trees 10 feet or greater in height, and
the boundaries of any existing woodlots.
8. Identification of all trees inventoried in 17:6.11(4)(~)(7) to be moved
or destroyed.
9. The location of all proposed plantings.
IO. A planting schedule showing all symbols intended to represent
plantings, quantities ofplant materials, and common and botanical
names of plant materials, size and caliper of plant materials, root
specifications, and special planting instructions.
1 1, Typical Sections and details of fences, tie walls, planting boxes,
retaining walls, berms, and other landscape improvements.
12. Typical Sections of landscape islands and planter beds identifying
materials to be used.
13. Details of planting beds and foundation plantings,
14. Delineation of sodded areas, seeded areas, and wilderness areas
indicating square footage, materials to be used, and seed mixtures.
15. Where landscape or man-made materials are used to provide required
screening or buffers from adjacent properties or public rights-of-way, a
cross-section shall he provided drawn to a recognized engineering or
architectural scale illustrating the prospective of the site from the
neighboring property and property line elevation.
(d) A to he approved by the Engineering / Building
Inspection Director and /or Public Works Committee pursuant to Chapters 29 and 34
of the Municipal Code. Said plans are not subject to Plan Commission review hut are
required to be submitted concurrent with BSO Plan applications in order for the
submittal to be complete.
(e) of proposed buildings or proposed remodeling of existing buildings
showing finished exterior treatment, with adequate labels provided to clearly depict
exterior materials, texture, color and overall appearance.
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Ordinance #lo80
-of the proposed project andlor photos of similar structures may
be voluntarily submitted and may be required by the Plan Commission, but not in lieu of
adequate drawings showing the actual intended appearance of the buildings.
and 7-n vlrtuaLvisualizations of the proposed project andlor photos
of similar structures may be voluntarily submitted and may be required by the Plan
Commission, but not in lieu of adequate drawings showing the actual intended
appearance of the buildings.
A Phhf3mq shall be required for all projects. The survey shall be prepared by a
Registered Land Surveyor and shall depict property lines, and existing and proposed
buildings, structures, and paved areas. The Engineering / Building Inspection Director
may waive this requirement where the application includes a Certified Survey Map or
Preliminary Plat prepared in accordance with Chapter 236 of Wisconsin Statutes, or
where otherwise authorized by the policies of the Public Works Committee
A per the following:
1, Purpose: The detailed site analysis required by this Section is designed to provide
the clear identification ofpermanently protected green space areas on a site which is
proposed for development. The detailed survey work required to identify these
areas accurately on a map is not required prior to the initiation of development
concept plans for an area.
2. When required: A detailed site analysis shall be performed in conjunction with
required land division documents or Building, Site and Operational Plan for any
and all properties containing:
a. Permanently protected natural resource areas defined as required
protected areas under State or Federal regulations,
b. All environmental corridor components and areas identified by the
adopted Comprehensive Plan and/or by the Southeast Wisconsin
Regional Planning Commission.
c. Environmental features identified in the adopted Conservation Plan.
3. Description: The detailed site analysis shall be shown on a map of the subject
property which depicts the location of all protected natural resource areas and
environmental comdor components, as defined by the provisions of this Section,
and as located by an on-site property survey. The detailed site analysis shall meet
the following requirements:
a. Scale: A minimum scale of one-inch equals 200 feet shall be used unless
otherwise approved by the Planning Director or his designee prior to
submittal;
that does not contain steep slopes. For such properties, topographic
information with a minimum contour interval of two feet is required.
b. Topography: Topographic information is not required for any property
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Ordinance #lo80
c. Specific Natural Resources Areas: All areas subject to the provisions of
Section 6.1 1(4)(i)(2) above, shall be accurately outlined and clearly
labeled. Particular care as to clarity shall be taken in areas where
different resource types overlap with one-another.
proposed to occur within permanently protected natural resource areas
shall be limited to development pads. Development pads shall be
depicted on the detailed site analysis map, BSO Plans, and Preliminary
Plat of Subdivision (if applicable) or Certified Survey Map (if
applicable).
1, Site disruption activities shall not compact soil covering tree
roots, or otherwise damage trees beyond the area from which
trees are to be removed. The use of snow fences and other
barriers to outline development pads during disruption activity is
strongly recommended to limit the extent of inadvertent
compaction or other disturbance of earth, and collision damage
to vegetation intended for protection. Such barriers should be
placed no closer to protected trees than a point on the ground
directly under their outer canopy edge.
detailed site analysis map with notations provided which
describe the mitigation techniques employed.
d. Development Pads: All site disruption (including selective cutting)
2. Mitigation Areas: All mitigation areas shall be depicted on the
4. Required Procedure for Submission and Review of Detailed Site Analysis
a. Required Timing of Submission: The detailed site analysis map shall be
submitted to the Planning Director or his designee for review concurrent
with the submission of the BSO Plan. A concept plan of the proposed
development may be submitted prior to the submission of the detailed
site analysis map, however, in no way does the acceptance andor
general approval of the concept plan indicate the approval of natural
resource feature locations.
b. Review by City: The Planning Director or his designees shall review the
submitted detailed site analysis map for general compliance with this
Ordinance. Such review may include data sources including but not
limited to the following examples:
1 The Official Zoning Map;
2. Applicable USGS 7.5 minute topographic maps for the City of
Muskego and its environs or other USGS Quads and sources of
topographic information;
3. Air photos of the subject property;
4. Applicable FEMA and related floodplain maps;
5. Applicable Federal and State Wetland Inventory Maps;
6. The City of Muskego Comprehensive Plan;
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Ordinance #IO80
7 Official Street System Map;
8. Site visits.
c. Modification of Detailed Site Analysis Map: If necessary, as determined
by Plan Commission, revised detailed site analysis maps shall be
prepared and submitted for review until a version is deemed acceptable.
5. Integration of Detailed Site Analysis Information with Required Development
andor Land Division Documents: Information contained on the detailed site
analysis map relating to the boundaries of permanently protected green space areas
(including natural resource protection areas, other permanently protected green
space areas, and required mitigation areas) shall be recorded as a deed restriction
which permanently runs with the land. Said areas shall be clearly depicted on any
and all site plans required as a precondition for application for any development
permit which occurs subsequent to BSO Plan approval (such as a Building Permit)
and on any proposed Final Plat of Subdivision or Certified Survey Map.
(j) A SUEQ in a form approved by the Finance Committee. Said surety shall be provided
to secure the replacement of all trees with calipers exceeding 6 inches, whose canopies
are located adjacent to disturbed areas, which die within a period of five years following
site disruption, and to secure the restoration of all mitigation areas identified on the
Detailed Site Analysis.
0 (5) Review of Complete Building, Site and Operational Application by the Plan Commission
(a) The Plan Commission, in its consideration of the submitted BSO Plan application, shall
take into account the basic intent of the Zoning Ordinance to ensure attractive, efficient,
and appropriate development of land in the community, and to ensure particularly that
every reasonable step has been taken to avoid depreciating effects on surrounding
property and the natural environment. Beyond protection of the public health, safety
and welfare, this Section shall enable the Plan Commission to consider factors related to
community aesthetics, urban design, and architectural consistency within the
community. The Plan Commission, in reviewing the application may require such
additional measures and/or modifications to any or all elements of the site plan as
described in the application submittal required per Subsection 6.1 I (4)(a)-(j), as it deems
necessary to accomplish this objective. If such additional measures and/or
modifications are required, the Plan Commission may withhold approval of the BSO
Plan until a revision depicting such additional measures and / or modifications are
submitted to the satisfaction of the Plan Commission, or may approve the application
subject to the provision of a revised application reflecting the direction of the Plan
Commission to the satisfaction of the Planning Director or his designee. Such amended
plans and conditions applicable to the proposed use shall be made a part of the official
record, and development activity on the subject property may not proceed until the
revised application has been approved pursuant to the procedures described herein.
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Ordinance #IO80
(b) In reviewing said application the Plan Commission shall make findings on each of the
following criteria to determine whether the submitted BSO Plan shall be approved,
approved with modification, or denied:
1, The public health and safety is not endangered;
2. All standards of the Zoning Ordinance and other applicable City, State and Federal
3. Adequate public facilities and utilities are provided;
4. Adequate control of stormwater and erosion are addressed through submittals to be
regulations are met;
reviewed and approved by the Engineering / Building Inspection Director and / or
Public Works Committee pursuant to Chapters 29 and 34 of the Municipal Code;
5. The disruption of existing topography, drainage patterns, and vegetative cover is
minimized insofar as is practical;
6. Appropriate traffic control and parking are provided;
7. Appropriate landscaping and open space areas are provided;
8. The appearance of structures maintains a consistency ofdesign, materials, colors,
which comply with the general architectural guidelines adopted by the Plan
Commission as Detail Plan components of the Comprehensive Plan.
(6) Initiation of Land Use or Development Activity: Except with the written permission of the
Planning Director and the Engineering / Building Inspection Director OT their designees,
absolutely no land use or development activity, shall occur on the subject property prior to the
approval of the required BSO Plan. Any such activity prior to such approval shall be a violation
of this Chapter and shall be subject to all applicable enforcement mechanisms and penalties.
(7) Compliance in Perpetuity Required: Any BSO Plan granted through the authority of this
Section shall be perpetually binding upon the development to the extent that: all buildings
and structures shall be maintained in a tasteful, safe and appropriate manner; all landscaping
shall be periodically groomed andor replaced when necessary; all drive, parking and
pedestrian areas shall be kept in a safe and passable condition, and all natural areas and
environmental areas identified for protection shall be maintained in manner which preserves
their aesthetic and natural function All repairs and maintenance shall be executed in a timely
manner.
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(8) Modification of an Approved Site Plan: Where modification to an approved BSO Plan is
requested, the Planning Director or his designee is authorized, upon review of the proposal, to
make a determination that the modification is either a non-substantial change or a substantial
change to the approved BSO Plan. Where it is determined that the modification is non-
substantial, the Planning Director or his designee may approve the modification. Where it is
determined that the modification is a substantial change to the approved BSO Plan, said Plan
shall be revised and review by the Plan Commission pursuant to the procedures of Subsections
6.1 I (2) and 6.1 1 (4), above, so as to clearly and completely depict any and all proposed
modifications to the previously approved BSO Plan, prior to the initiation of said modifications.
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Ordinance 111080
I;ECTTON: 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.
SFCUQN44: This ordinance shall be in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS fi DAY OF SEPTEMRER, 2001
CITY OF MUSKEG0
6 David L. De Angelis, Mayor
First Reading: 8/28/2001
ATTEST.
Cover Ordinance Published: 9/27/2001
10
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STATE OF WISCONSIN)
) ss.
"
Official notice^
-. COM~ION COUNCIL. CITY n~ Ml1aaFr.n
AN 0RDINANCE.TOAMEND CHAPPER.17.
CODE OF THE CITY OF MUSKEGO BIJILDINO, SECTIONS 2.02~AND 6.11, OF THE MUNiClPG
SITE AND OPERATIONAL. (BSOI PLANS'
~ . . . . -. . .- - "_ - ORDMANCB*I080
.. CITY OFMUSKEGO
., David L. DeAngelis, Mayor ATTEST:
Clerk'hisurei
Suzanne Sobczyk being duly sworn, doth depose and
say that she is an authorized representative of The
MUSKEGO SUN, a newspaper
published at MUSKEGO,
Wisconsin and that an advertisement of which the annexed
is a true copy, taken from the said paper, was published
therein on
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