ORD20011081AMENDED
ORDINANCE #I081
COMMON COUNCIL - CITY OF MUSKEGO
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, Waukesha County, Wisconsin, do ordain
as follows:
SECTION 1 Chapter 18 is hereby repealed and created and made a part of the
Municipal Code of the City of Muskego as adopted by Ordinance #lo81 as amended.
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 a remain in full force and effect. Any other ordinance whose terms conflict with the
provisions of this ordinance are hereby repealed as to those terms that conflict.
SECTION 4: This ordinance is in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS 11" DAY OF SEPTEMBER ,2001
CITY OF MUSKEGO
David L. De Angelis, Mayor
First Reading: 08/28/01
ATTEST. Published this day of
September, 2001
BIOllmb
AMENDED
ORDINANCE #I081
COMMON COUNCIL - CITY OF MUSKEGO
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, WAUKESHA COUNTY,
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hereby repealed and recreated to read as follows:
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CHAPTER 18
SUBDlVISlON AND PLATTING
INTRODUCTION
18.01 AUTHORITY.
These regulations are adopted under the authority granted by 4236.45, Wis. Stats.
18.02 SHORT TITLE.
This chapter shall be known as, referred to or cited as the "LAND DIVISION ORDINANCE,
ClTY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN."
18.03 PURPOSE AND INTENT.
(I) 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 jurisdiction as established in
Sections 61.35,66.0105, and 236.10 of Wisconsin Statutes, 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 adjustment of land
use and development to realize the goal of supporting and sustaining the natural
resource base.
(b) Lessen congestion in the streets and highways.
(c) Further the orderly layout and appropriate use of land as identified in the adopted
Comprehensive Plan and adopted Conservation Plan.
(d) Secure safety from fire, 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.
(8) 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.
6) Preserve natural vegetation and cover and promote the natural beauty of the City and its
environs.
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e (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 previously
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 provisions of this chapter shall be held to be minimum
requirements, shall be liberally construed 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 SEVERABILlTY AND DISCLAIMER OF LIABILITY.
(I) SEVERABILITY 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 guaantee, warrant or represent 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 flooding
problems, sanitation problems or structural damages that may occur as a result of reliance
upon and conformance with this chapter.
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18.07 INCONSISTENCY WITH OTHER ORDINANCES.
This chapter shall supersede all other general and zoning ordinances or parts thereof, inconsistent
or In confllct w~th thls 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.
ACREAGE, GROSS. The total area of a parcel or development including the area of perimeter
street rights-of-way as measured to the center line of the street.
ACREAGE, NET. The area of a parcel or development excluding the area of perimeter streets,
and excluding the area of all existing or proposed rights-of-way located within the parcel or
development.
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 Committee, 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 ofland. (6236.02 (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 PLANNER. The officer designated by the Common Council to administer this chapter,
more specifically the Planning Director or his designee.
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. .
COLLECTOR STREET (See "STREET COLLECTOR"). 0
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COMMON OPEN SPACE. Undeveloped land within a subdivision that has been designated,
dedicated, reserved, or restricted in perpetuity From further development and is set aside for the
use and enjoyment by residents of the community Common open space does not include any
portion of a private residential lot, and shall be substantially free of structures, but may contain
historic structures, shared recreational structures including but not limited to pool houses or
stables, as indicated on the approved development plan.
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 Southeastern Wisconsin Regional Planning Commission, County
Park and Planning Commission or City Plan Commission and certified to the Common Council
under $566.0309, 59. 69 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 line ordinances and capital
improvement programs, shall also be considered a part of the comprehensive plan.
CONDOMINIUM. A community association combining individual unit ownership with shared
use or ownership of common property or facilities, established in accordance with the
requirements of the Condominium Ownership Act, Chapter 703 of the Wisconsin Statutes. A
condominium is a legal form of ownership of real estate and not a specific building type or style.
CONSERVATION EASEMENT The grant of a property right or interest from the property
owner to a unit of government or nonprofit organization stipulating that the described land shall
remain in its natural, scenic, open or wooded, or agricultural state, precluding future or additional 0 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.
DEVELOPMENT PAD. Also referred to as Development Envelope. That portion of a lot which
is intended to be graded, paved, or built upon.
DWELLING UNIT. A building or part of a building used for a place of abode and occupied by
one family.
ENVIRONMENTAL FEATURE. 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:
(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.
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(g) Wet or poorly drained soils.
(h) Existing outdoor recreation sites.
(i) Potential outdoor recreation and related open-space sites.
6) Historic sites and stmctures.
(k) Significant scenic areas of vistas.
EXTRATERRITORIAL PLAT AND CERTIFIED SURVEY MAP APPROVAL
JURISDICTION. The unincorporated area within one and one halfmiles 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 areaFlNANCIAL 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.
FLOODLANDS. Those lands, including the floodplains, floodways, floodfnnge 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. "Mottling" 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 accentable to the Citv e and which is approved as to form by the City Attorney. -
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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, 0 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 comer of
such intersection shall have an angle of 135" or less, measured on the lot side.
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. I)
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 below)
BLOCK - >
- -7 I
I i
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I
b STREET I
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-..- LOT LINES - BLOCK BOUNDARY i
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 he made by certified survey map.
MINOR STREET (See STREET, MINOR)
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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.
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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 SEWC
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 differentiated 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. wuench
v. Public Service Commission, 261 Wis. 2d 492 (1952) and DeGavnor and Co., Inc. v.
Department of Natural Resources, 70 Wis. 2d 936 (1975)l.
NONPROFIT CONSERVATION ORGANIZATION. Any charitable corporation, charitable
association, or charitable trust, the purpose or powers of which include retaining or protecting the
natural, scenic, or open space values of real property, assuring the availability of real property for
agricultural, forest, recreational or open space use, protecting natural resources, maintaining or
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enhancing air or water quality, or preserving the historical, architectural, or cultural aspects of
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this ordinance.
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),
Department of Commerce, 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.
OWNER. A individual finn, association, syndicate, partnership or corporation having a
proprietary interest in a parcel of land.
OWNERS ASSOCIATION. A community organization incorporated or unincorporated, which
combines individual parcel ownership with shared use or ownership of common property or
facilities.
PARENT PARCEL. An existing parcel (or parcels) of record, as identified by individial tax
identification numbers, as of the effective date of this ordinance, from which land divisions are
proposed.
PLAT A map of a subdivision.
a
PRELIMINARY PLAT A map showing the salient features of a proposed subdivision
submitted to an approving authority for purposes of preliminary consideration. 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.
PUBLlC WAY Any public road, street, highway, walkway, drainageway or part thereof.
RECORDNG 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 large 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.
STEEP SLOPE: Land areas where the gradient exceeds twelve (12) percent.
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 cany 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, corporation, partnership, association, trust, 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.
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SUBDIVISION, CONSERVATION. A housing development constructed under the auspices of
the COPD Conservation Planned Development Overlay Zoning District, in a rural setting
comprised of at least five residential parcels situated on no less than tiliecn i 15) acres, that is
characterized by compact lots and common open space, and where the natural features of the
land are maintained to the greatest extent possible.
SUBDIVISION, CONVENTIONAL 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.
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 $35.93 and Ch. 227, Wis. Stars., including subsequent amendments to those rules.
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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:
(I) 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.
(I) 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.
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(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.
18.12 PENALTIES AND 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:
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(a) Recordation improperly made canies penalties as provided in $236.30, Wis. Stats
(b) Conveyance of lots in unrecorded plats cames penalties as provided for in $236.31,
Wis. Stats.
(c) Monuments disturbed or not placed canies penalties as provided for in $236.32, 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 $70.27, 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 ofnotification 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 FEES.
(1) GENERALLY The Subdivider shall pay all fees required by this section to the City a 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:
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 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) 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
Common Council based on either the number of residential units or square footage
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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.
(b) May be Recomputed. The fee may be recomputed, upon demand of the Subdivider or
EngineeringiBuilding Inspection Dimtor, 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 Engineerin-uilding Inspection Director.
(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
EngineeringIBuilding Inspection Directors' 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.
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GENERAL PROVISIONS
0 18.20 JUFUSDICTION 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 extratemtorial
jurisdiction ofthe City as established in $§61.35,62.23(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 10 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 5 157.07, Wis. Stats.
(e) Assessors' plats made under $70.27, Wis. Stats., but such assessors' plats shall comply
with §§236.15(I)(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 Commerce, as contained in COMM 83 of the
Wisconsin Administrative Code, 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, as contained in TRANS 233 of
the Wisconsin Administrative Code, 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.
(d) Rules of the Wisconsin Department of Natural Resources, as contained in NR 116, NR
1 17, and NR I 18 of the Wisconsin Administrative Code, 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
(0 The City zoning ordinance and all other applicable local and county ordinances.
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0
18.21 DEDICATION AND RESERVATION OF LANDS.
(I) 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
Comprehensive Plan or adopted Comprehensive Plan components or on the officialStreet
System 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 Sections 18.40 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 comdor 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 18.46 of this chapter.
(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. 0 (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 Common
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 10 years, unless extended by
mutual agreement, for acquisition by the State, county or local unit ofgovernment 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.
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(b) Such fees shall be placed in a nonlapsing fund and shall he used exclusively for
immediate or future site acquisitions or for capital improvements of parks and
recreational 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.
(d) Payment shall be in a lump sum and paid at the time of final approval of plat OT
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 estimate to be made by the Finance Committee and the Common Council upon the
recommendation of the Engineering/Building Inspection Director, as a guarantee that such
mprovements 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:
(I) 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 he engaged in the construction of street and
utility improvements on dedicated street rights-of-way, shall be subject to review and
approval of the EngineeringiBuilding Inspection Director 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 5236.15, Wis. Stats., and as may he required by
the Engineering/Building Inspection Director.
(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 ofthe town in which the land being
platted is located.
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e (5) WAIVER OF MONUMENTS. The City Plan Commission may waive the placing of
monuments, required under $236.15(1j(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.
18.23 EXISTING SUBSTANDARD LOTS. (Ord. #lo43 - 10-19-00)
(I) CONVEYANCE RESTRICTED. 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 pennit be issued for a shucture 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. (To be repealed on 12/31/2002)
(bj 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. (To be repealed on
12/3 1 /2002).
(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. (To be repealed on 12/3 1/2002).
(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: (To be repealed on 12/3 I/ 2002).
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. (To be repealed on 12/3 112002).
2. Sewage Disposal. Where public sewer is not available, the lot size necessary to
insure safe sewage disposal. (To be repealed on 12/31/2002).
3. Practicability. The economic and engineering practicability of any possible re
division. (To be repealed on 12/3 1/2002).
4. Hardship. The degree of practical hardship which may be imposed upon the owner.
(To be repealed on 12/31/2002).
(e) Method of Redivision. Such redivision may be accomplished as is most appropriate
by: (To be repealed on 12/31/2002).
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 divisions” as provided by Section 18.33.
(0 Notification Procedure. The Plan Commission in making its determination shall first
give notice to all property owners within 100’ of the perimeter of the subject property
that such a request has been submitted for consideration. (To be repealed on
12/31/2002).
(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 own other lots individually or as joint tenant in common with
another; an individual and other lots are owned by hisher 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 AF’PROVALS. Where the owner of such substandard lot has been granted “legal lot
status’’ under the provisions of this section prior to December 3 I, 2002, such approval shall be
deemed valid. All lots granted such status shall be classified as conforming for the purpose of
conveyance and permitting as described in Section 18.23 (I), and shall not be subject to the
conveyance and building permit restrictions of this Section.
(4) COMBINATION OF NONCONFORMTNG 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. (To be
repealed I213 112002). 0 18.24 VARIANCES.
(I) Where in the judgment of the City Plan Commission it would be inappropriate to apply
literally the provisions of 51 8.40 and where, in the judgment of the Common Council, it
would be inappropriate to apply literally the provisions of 5 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) Exceptional 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 b
changed.
(b) Preservation of Property Rights. Such variance is necessary for preservation and
enjoyment of substantial property rights possessed by other properties in the same
vicinity.
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(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
5236.1 5(l)(b), (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 development 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
Engineering/Building Inspection Director 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: a (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 available, the elevation shall be
determined by a registered professional engineer and the sealed documents shall be
approved by the Engineering/Building Inspection Director.
(b) For planned development projects served by public sanitary sewerage facilities, no lot
shall have less than the average lot area, as specified by the Plan Commission, below
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 Engineering/Building Inspection
Director.
(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 Engineering/Building Inspection Director.
0 (2) SHORELANDS. Shorelands shall not be divided into building sites which are to be
served by soil absorption waste disposal systems.
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(3) FILL MATERIALS.
0 (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.
(b) Lands made, altered or filled 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 employees
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 on site 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.
a (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.
(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 ofunsuitability.
18.26 WOODED AREAS AND NATURAL TREE 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.
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LAND DIVISION PROCEDURES 0 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 Commission 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 Commerce, 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 Commerce shall hereafter 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
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, Engineering/Building Inspection Director and Fire Department
for their review and recommendations concerning matters within their jurisdiction.
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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 Commision 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-Nonvay
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 Sections 18.40 and 18.50 of this
chapter.
(e) The Wisconsin Departments of Agriculture, Trade and Consumer Protection (DATCP),
Transportation (WDOT), Natural Resources and the Department of Commerce 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
extratemtorial 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 $66.945, 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. 0
(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 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.
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(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 $236.1 l(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) 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 Engineering/Building
Inspection Director, 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 Engineering/Building Inspection Director, 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.
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) 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 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:
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I, 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 hlfill 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:
1. Exact length and bearing of the exterior boundaries of the proposed subdivision
referenced to a comer established in the U.S. Public Land Survey and total acreage
encompassed thereby.
2. Locations of all existing property boundary lines, structures and the first floor
elevations thereof, drives, visible and known wells, streams and watercourses, all
wetlands, 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 extenor
boundaries of the plat or immediately adjacent thereto, together with any legally
established centerline elevations, based on theNationa1 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 undergound, 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.
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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 ofnot
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 I929 and be so
noted on the face of the document, and the monumentation of the bench marks
clearly and completely described.
IO. High-water 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
document.
1 I, 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 EngineerindBuilding Inspection
Director. 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 Engineering/Building Inspection Director, 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 fiom the natural undisturbed surface. To accomplish this purpose, a
minimum of one test per 3 acres shall be made initially. The EngineeringlBuilding
Inspection Director 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 §COMM 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.
25
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 cumes.
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
EngineeringiBuilding Inspection Director, 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
EngineeringiBuilding Inspection Director.
(d) Testing. The Plan Commission, upon the recommendation of the Engineering/Building
Inspection Director, 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 County
Land Conservation Committee and shall be in accordance with standards in $1 8.76 of
this chapter and Ch. 29 of the Municipal Code. In addition:
I 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 10' 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.
26
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
structures and landscaping.
(f) Covenants.
I, 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 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.
(8) Easements. 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.
(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.
(i) A Detailed Site Analvsis 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 ofdevelopment concept
plans for an area.
required Preliminary Plat documents for any and all properties containing
2) When required: A detailed site analysis shall be performed in conjunction with
(a) Permanently protected natural resource areas defined as required protected
areas under State or Federal regulations,
27
(b) All environmental corridor components and areas identified by the adopted
Comprehensive Plan and / or by the Southeast Wisconsin Regional Planning
Commission,
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 corridor 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
(b) Topography: Topographic information is not required for any property that cbes
otherwise approved by the Planning Director or his designee prior to submittal;
not contain steep slopes. For such properties, topographic information with a
minimum contour interval of two feet is required.
31.(3)(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.
(d) Development Pads: All site disruption (including selective cutting) proposed to
occur within permanently protected natural resource areas shall be limited to
development pads cxccpt as rccluircd to rcmow non-native or undcsirhle
species as idcntilied in an appnlvetl Man;cgenlenl Plan fi~r the site.
Development pads shall be depicted on the detailed site analysis map, and
Preliminary Plat of Subdivision.
4) Site disruption activities shall not compact soil covering tree roots, or otherwise
(c) Specific Natural Resources Areas: All areas subject to the provisions of Section
damage trees beyond the area from which trees are to be removed. The use of snow
fences and other baniers 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 baniers should be placed no closer to protected trees than a point on the ground
directly under their outer canopy edge. The use don silc tcmporary cor~sln~crion
signagc is also highly rcconlmcndccl.
provisions of this Ordinance shall be depicted on the detailed site analysis map with
notations provided which describe the mitigation techniques employed.
6) Required Procedure for Submission and Review of Detailed Site Analysis
(a) Required Timing of Submission: The detailed site analysis map shall be
5) Mitigation Areas: All mitigation areas, and they areas they offset, related to the
submitted to the Planning Director or his designee for review concurrent with
the submission ofthe Preliminary Plat of Subdivision. 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 and/or general
approval of the concept plan indicate the approval of natural resource feature
locations.
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:
I) The Official Zoning Map;
(b) Review by City: The Planning Director or his designees shall review the
28
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 ofMuskego Comprehensive Plan; and
7) Official Street System Map
8) Site visits.
7) 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.
8) Integration of Detailed Site Analysis Information with Required Development and/or
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 any proposed Final Plat of Subdivision.
(J) A win a form approved by the Finance Committee. Said surety shall be provided to
secure the replacement of all trees with calipers exceeding six (6) inches, whose canopies
are located adjacent to disturbed areas, which die within a period of five years following
site disruption, and to sccuru the restoration oi'all mitigalion mits identiiidd on the
Iklailctl Site Analysis.
29
a (k) Conservation Subdivisions shall include the following additional information:
1. Inventory and mapping of existing resources including the following mapped at a
scale of no less than one inch equals 50 feet:
b.
a.
C.
d.
e.
f.
g.
h.
1.
Topographic contours at 2- foot intervals.
United States Department of Agriculture, Natural Resource Conservation Service
soil type locations and idenllficarion of soil type characteristics such as
agricultural capability, depth to bedrock and water table, and suitabilityfor
wastewater disposal systems. Type and stability of bedrock should also be noted,
particularly in karst areas and areas with high potential for groundwater
contamination due to fractured bedrock or the presence of arsenic and mercury.
Hydrologic characteristics, including su$ace water bodies, floodplains,
groundwater recharge and discharge areas, wetlands, natural swales, drainage
ways, and steep slopes.
Land cover on the site, according to general cover ype (pasture, woodland, etc.),
and stand-alone trees with a caliper of more than six (6) measured four
feet off the ground. The inventory shall include comments on the health and
condition of the vegetation.
Current andpast land use. all buildings and structures on the land, cultivated
areas, brownjields. waste sites, and history of waste disposal practices. paved
areas, and all encumbrances, such as easements or covenants.
Known critical habitat areas for rare, threatened or endangered species
Views ofthe site, including views onto the site from surrounding roads, public
areas and elevated areas, including photographs with a map indicating the
location where the photographs were taken.
Unique geological resources, such as rock oulcrops and glacial features.
Cultural resources: briefdescription ofhistoric character of buildings and
structures, historically important landscapes, and archeological features. This
includes a review of existing inventories, including those the State Historical
Society of Wisconsin maintains for historic buildings, archaeological sites. and
burial sites.
30
Step I Inventory and mapping of existing resources for a hypothetical 40 acre site.
2. Development yield analysis. The subdivider shall submit a table showing the
maximum number of dwelling units that would be permitted under the City zoning
ordinance, consistent with the minimum lot size, lot widths, set hacks, and other
provisions of the zoning ordinance and compare it to the number of dwelling units
proposed. Land that is undevelopable because of other laws and ordinances that prohibit
development in certain areas (e. g. floodplains, wetlands, steep slopes, and drainage
ways) shall be excluded from the development yield analysis.
31
Step 2 Development yield as permitted under existing ordinances (zoning, etc.) forthe 40 acre site
assuming a 5 acre minimum lot size zoning standard. 8 lots would be permitted under this scenario
3. Site analysis and concept plan. Using the inventory provided in section 3.2(1), the
development yield analysis provided in section 3.2 (2), and applying the design standards
specified in section 4 of this ordinance, the subdivider shall submit a concept plan
including at least the following information at a scale of no less than one inch = 50 feet:
a. Open space areas indicating which areas are to remain undeveloped and trail
localion.
b. Boundaries ofareas to be developed and proposed general street and lot layout.
e. Number and fype (i. e., single- family, multi- familyj of housing unitsproposed.
d. Proposed methods for and localion of water supply, stormwater management (e.
e. Inventory ofpresewed and disturbed natural features andprominent views.
f: Preliminaly developmentprd~ showing areas for lawns, pavement. buildings, and
g., best managementpractices), and sewage treatment.
grading.
32
g. Proposed methodsfor ownership and management of open space.
Step 3 Concept map of the Conservation Subdivision showing the 8 lots that would be permitted, plus
the historic farmhouse, which would be preserved, for a total of 9 dwelling units.
4. General location map. The subdivider shall submit a map showing the general outlines
of existing buildings, land use, and natural features such as water bodies or wooded
areas, roads and property boundaries within 500 feet of the tract. This information may
be presented on an aerial photograph at a scale of no less than I inch: 400 feet.
5. A Management Plan for the restoration and long-term care of open space areas.
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 Commission at which action is desired. In
addition: 0
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(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);
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; the Department ofcommerce, 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, shorelandlwetlands or tloodlands are contained
within the proposed subdivision. The Departments of Agriculture, Trade and
Consumer Protection (DATCP), Transportation, Natural Resources and Department of
Commerce shall hereafter 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
Common Council and one copy each to the following City departments: Building and
Engineering, Utility, Public Works, Parks and Recreation (to be reviewed by the City
Park Board), Police, City Assessor, EngineeringIBuilding Inspection Director, 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 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, Ameritech, all
cable television franchisees, and Muskego-Norway School District for review and
information concerning matters within their jurisdiction. Their comments, if any, shall
be transmitted to the Plan Commission within 30 days from the date the plat is tiled.
(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 $18.40 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 Department of Commerce
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 $66.945, 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 ofapproval ofthe preliminary plat; this
chapter and all ordinances, rules, regulations, adopted regional, county or City
34
comprehensive plans and adopted components which may affect it and shall
recommend approval, conditional approval or rejection of the plat to the Common
Council.
(8) 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 Council, the
Subdivider may proceed with installation of subdivision improvements after approval
of the engineering plans by the EngineeringiBuilding Inspection Director, 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 andor
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
Engineering/Building Inspection Director, 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 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. lfthe 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.
(b) Plan Commission Action. The City Plan Commission shall, within 30 days of the date
of tiling of the final plat with the City Clerk or designee, recommend approval,
conditional approval or rejection of the plat and shall transmit the final plat and
application along with its recommendations to the Common Council.
35
I
(c) Notification. The Common 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) 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
stated in the minutes of the meeting and a written statement of the reasons forwarded to
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 tiled, have been met.
(e) Approval. 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.
(g) Copies. The Subdivider shall file a reproducible mylar and I 1 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.
(h) Installation of Improvements. 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
EngineerindBuilding Inspection Director, 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 andlor 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 EngineeringIBuilding Inspection Director, 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
iirther 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
36
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.
(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 $236.20, Wis.
Stats.
(b) Additional Information. The plat shall show correctly on its face, in addition to the
information required by $236.20, 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
5 18.43 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 environmentally significant lands.
9. Location, area, depth and type of soil absorption waste disposal system each building
site, if applicable.
10. Floodplain limits of the 100-year recurrence interval flood as determined the federal
flood insurance study or other technical document, or where such data is available,
the elevation shall be determined by a registered professional engineer and sealed
documents shall be approved by the Engineering/Building Inspection Director. The
contour line lying a vertical distance of 2' above the elevation of the 100-year
37
recurrence interval flood where such data is not available, the elevation shall be
determined by a registered professional engineer and the sealed documents approved
by the EngineeringlBuilding Inspection Director within exterior boundaries of the
plat or located within 100' therefrom.
1 I. Where the Common Council, Plan Commission or Engineer finds t 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 writing such
information from the Subdivider,
12. Delineation of all wetlands and shoreland'wetlands based on a field staking by the
U.S. Army Corps of Engineers, the Wisconsin Department ofNatural 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 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 survey map.
14. Location of soil percolation tests where required by SCOMM 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.
15. Location of all conservation easements, permanent open spaces, and special
restrictions including but not limited to deed restrictions, use limitations, and
maintenance agreements as depicted on the Detailed Site Analysis as approved
concurrent with the Preliminary Plat.
(c) Survey Accuracy. The Engineering/Building Inspection Director 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 EngineeringiBuiIding Inspection Director, such field checks
as the Engineering/Building Inspection Director may deem necessary or desirable for
the accuracy and closure of survey, the proper kind an location of monuments and
legibility and completeness of the drawing.
1. The maximum error of closure before adjustment 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
comers of which have been relocated, monumented and coordinated by the City,
Waukesha County or the Southeastem 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 the material and Wisconsin State Plane Coordinates of the
monument marking the relocated section or quarter comer to which the plat is tied
38
e 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 6236.15, Wis. Stats.
4. The Common Council shall receive the results of the EngineerindBuilding
Inspection Director's examination prior to approving the final plat.
(d) Surveying and Monumenting. Final plats shall meet all the surveying and
monumenting requirements of 5236.15, Wis. Stats.
(e) State Plane Coordinate System.Where the plat is located within a US. Public Land
Survey quarter section the comers 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 comers 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 comers 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 5236.21, Wis.
Stats. In addition, the surveyor shall certify that he has fully complied with all the
provisions of this chapter.
(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
$6236.21 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 ofits approval by the Common Council.
(h) Duplicate Plat Required. The Subdivider shall provide a duplicate reproducible copy
of the final plat on dimensionally stable polyester film to the City, with I1 folded
blueline copies.
(i) A digital *.DXF file, *.DGN file, or *.DWG file of the final plat must be submitted to
the City prior to City signatures being placed upon the plat (3-112'' diskette or CD
ROM) and all information transmitted on the diskette or CD ROM shall be tied to and
referenced to State Plane Coordinates NGVD 1929 or others approved by the
EngineerindBuilding Inspection Director.
18.33 MINOR LAND DIVISION.
(1) CERTIFIED SURVEY MAP.
0 (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
39
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 "subdivision" as defined in §18.08 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. (3) of this section.
Certified survey maps may not be utilized to create Conservation Subdivisions as
defined by this Ordinance.
(b) Waiver of Survey Requirement. 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.
(2) APPLICATION REQUIREMENTS. A preapplication conference similar to the
consultation suggested in 18.20 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 preliminary 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 I I days prior to
the Plan Commission Meeting. 0 (3) CERTIFIED SURVEY MAP SUBMITTAL REQUIREMENTS.
(a) General.
I 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 $236.34,
Wis. Stats. The minor land division shall comply with the design standards in
Sections 18.40 through 18.46 of this chapter and the improvement requirements in
Sections 18.50 through18.61 ofthis chapter.
2. A preliminary map or sketch shall be submitted to the City Plan Commision for all
tracts of land proposed to be divided in accordance with Section 18.33 of this
chapter.
(b) Required Information. The map shall show correctly on its face, in addition to the
information required by 5236.34, 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. All existing structures, including square footage and horizontal offset to existing
and/or proposed property lines, and the first floor elevation thereof, visible and
40
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.
10. All lands reserved for future public acquisition.
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 EngineeringlBuilding Inspection
Director. 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 Engineerinfluilding Inspection Director within the
exterior boundaries of the plat.
12. Easements shall be shown on the certified survey map 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 shoreland/wetlands based on a field staking by the
U.S. Army Corps of Engineers, the Wisconsin Department of Natural Resources, the
41
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.
(c) Additional Information. The Plan Commission may requirethat 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 IO% 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 $18.43 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 SCOMM 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.
7 A Detailed Site Analysis as described in Section 18.31(3)(i).
(d) State Plane Coordinate System. Where the map is located within a US. 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 Commission, Waukesha County or the City, the map shall be tied
directly to 2 or more of the section or quarter comers 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 comer to which the map is tied
42
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.
(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.
I 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 §236.21(2)(a),
Wis. Stats., shall be required.
2. All certified survey maps shall provide all the certificates required by 5236.21, Wis.
Stats.
(9 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.
(g) Digital Map Required. A digital *.DXF file, *.DGN file, or *.DWG file of the
certified survey map be submitted to the City prior to City signatures being placed
upon the CSM (3-1/2" diskette or CD ROM) and all information transmitted on the
diskette or CD ROM shall be tied to and referenced to State Plane Coordinates NGVD
1929 or others approved by the Engineering/Building Inspection Director.
(h) Plat Notations. Any notes required by the City shall be placed on the face of the CSM
prior to recording by the City.
(4) 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.
(5) RECOMMENDATIONS. The City Planning Department shall transmit a copy of the map
to all affected City departments and the EngineeringIBuilding Inspection Director for their
Teview and recommendations concerning matters within the jurisdiction. The
recommendation shall be transmitted to the Plan Commission within I1 days from the
date the map is transmitted by the Pla~ing Department.
(6) PLAN COMMISSION APPROVAL. The Plan Commission shall approve, approve
conditionally or reject the map within 45 days from the date of filing, unless time is
extended by agreement with the Subdivider, and shall transmit the map along with its
recommendations to the Common Council.
(7) 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.
(8) 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
43
0
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.
(9) DISTRIBUTION OF COPIES. The Planning Department shall distribute 10 copies of the
certified survey map to the Subdivider, City Assessor, City Treasurer,
EngineeringlBuilding Inspection Director, City Building Director and Utility
Superintendent and other affected departments for their files.
(10) DESIGN STANDARDS. All Minor Land Divisions shall adhere to the Design
Standards, Required Improvements, and Construction Standards for Conventional
Subdivisions, as found in Sections 18.40, 18.50 and 18.60 of this Ordinance, unless a
variance has been granted pursuant to Section 18.24 of this Ordinance.
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 $5 18.30 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 responsible for
transmitting copies of the plat or map to designated objecting agencies and the Subdivider
shall indicate which one in his application. 0
(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 with the land division ordinances of these agencies.
(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.
44
a 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 Subdivider or person wishing to
replat shall vacate or alter the recorded plat as provided in $$236.40 through 236.44, Wis.
Stats. The Subdivider or person wishing to replat shall then proceed as specified in 55 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.
18.36 CONDOMINIUM PLATS.
A condominium plat prepared under 5703. I 1, Wis. Stats., shall be reviewed in the same manner
as a subdivision plat under 55 18.30 through 18.32 of this chapter.
45
DESIGN STANDARDS : CONVENTIONAL SUBDIVISIONS
0 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 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 development 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 5 18.08, 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
connect.
(b) Collector streets, as defined in 5 18.08, 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 18.08, 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 necessary to provide safe and
convenient access to abutting property.
(d) Proposed streets shall extend to the boundary lines of the tract being subdivided 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 coordination
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.
46
(0 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-
halfmile as required by §236.16(3), Wis. Stats., unless greater intervals and wider
access is agreed 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.
(g) 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.
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."
(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 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 hture 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.
47
(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.
(b) Existing Rural Right-of-way The suggested R.0.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 Street
100' (minimum) Arterial
Right-of-way Width
I 0' Pedestrian Ways
60' Minor
80' Collector
" .. ~~"-________ _____~- ~ ___~~ ___
Rural Street
60' Minor
80' Collector
100' (minimum) Arterial
Right-of-way Width
(c) Other Requirements. 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: X%.
4a
c. Minor streets, alleys and frontage streets: 10%.
d. Pedestrian ways: 12%, unless steps of acceptable design are provided.
e. The Grade of any street shall in no case exceed 12 YO 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) Roadway Elevations. Elevations of roadways passing through floodland areas shall be
designed in the following manner:
1, At least 2' above the LOO-year recurrence interval flood elevation for arterial streets.
2. At least 2' above the IO-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 Replacement Bridges 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.
(h) Radii of Curvature. When a continuous street centerline deflects at any one point by
more than 1 O", 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'
49
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 10' 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, lake shores, 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 reserved or laid out for commercial or industrial use shall be
4. The Wisconsin Department ofTransportation 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 ofgood 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 ofMuskego, shall be rounded with
a minimum radius of IS' or of a greater radius when required by the City Plan
Commission, or shall be cut-off b a straight line through the points of tangency of any
arc having a radius of 45'
(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 (e) On all streets where sidewalks are required, ramps or openings to accommodate
handicapped individuals or vehicles shall be provided in accordance with $66.0909,
Wis. Stats.
18.41 BLOCKS.
50
adequate to provide for off-street service and parking required by the use contemplated
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 LOTS.
The size, shape and orientation of lots shall be appropriate for the location of the subdivision and
for the type of development and use contemplated. 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 frontage 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.
(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.
(4) AREA AND DIMENSIONS. (Ord. #I016 - 03-02-00) Area and dimensions ofall lots
shall conform to the requirements of the City Zoning Code or zoning ordinance of the
jurisdiction where the land division occurs, except where land divisions within the OLS
Lakeshore Overlay District or OED Existing Development Overlay District, which are
proposed after March I, 2000 shall conform to the area and dimension requirements of the
underlying zoning district. The Common Council determines these provisions are
necessary to preserve the public health, safety, and morals because:
(a) The area and dimension bonuses provided for the OLS and OED zoning districts were
intended to accommodate the nature of existing developments, the majority of which
predate the establishment of zoning codes. The area and dimension bonuses provided
by these overlay districts are not intended to perpetuate high density development
opportunities.
The provisions of the OLS Lakeshore Overlay District and OED Existing Development
Overlay District would otherwise permit high density development opportunities which
are in conflict with the adopted Comprehensive Plans, which call for residential
densities not to exceed 2.9 dwelling units per acre on 15,000 square foot lots. The
allowance for 10,000 square foot lots in the OLS overlay district and 11,250 square
foot lots in the OED overlay district have the effect of raising permitted densities to
unacceptable levels.
In addition to the area and dimension requirements above, 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 COMM 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-
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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 irea 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 he less than 80' in width at the base setback
line.
(1 0) CORNER LOTS. Comer 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.
(1 1) 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 lines, appropriate to the location and type ofdevelopment 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.
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18.44 SPECIAL RESTRICTIONS.
Special restrictions which are appropriate to the location or design of the land division may be 0 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.
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 Engineering/Building Inspection Director; 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 Engineering/Building lnspectim Director. All easements shall be noted
on the final plat followed by reference to the use or uses for which they are intended. 0 18.46 PUBLIC SITES AND OPEN SPACES.
(1) In the design of each land division, due Consideration shall be given to the reservation of
suitable sites ofadequate area for future schools, parks, playgrounds, drainageways,
environmental comdors 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
Section 18.1 I of this chapter. 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 or certified survey map 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 by plat or certified survey map, the public
lands shall be made a part of the plat and be dedicated to the public by the Subdivider
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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 by plat or certified survey map, the
proposed public open space lands shall be made a part of the plat or certified survey
map and reserved at the time of final plat or certified survey map 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 the signing and recording of a certified survey
map, or final plat of the subdivision, or part thereof 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 land division 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 certified survey map, or 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 or
certified survey map. 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) Unplatted 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 or certified survey map approval if the area is included on a
subdivision plat or certified survey map; or prior to the issuance of a building permit if
the fee has not been paid as part of the land division 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.
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REQUIRED IMPROVEMENTS : CONVENTIONAL SUBDIVISIONS
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,
EngineeringBuilding Inspection Director, Wisconsin Department of Natural Resources and
Milwaukee Metropolitan Sewerage District, as may be appropriate. Such plans and standard
specifications shall be submitted, reviewed and approved in accordance with § 18.72 of this
chapter.
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 Engineering/Building Inspection
Director.
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 EngineeringiBuilding Inspection Director.
(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 EngineeringiBuilding Inspection Director. The Subdivider shall grade the roadbeds in
the street rights-of-way to subgrade.
0
(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 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 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
EngineeringlBuilding Inspection Director and adopted by the Common Council or its authorized
agents. The second lift of asphalt shall be installed in accordance with policies established from
time to time by the Public Works Committee.
18.54 CURB AND GUTTER.
The Common Council may require the Subdivider to construct concrete curb and gutters in
accordance with plans and standard specifications approved by the City Public Works
Committee, Public Utilities Committee, upon the recommendation of the EngineeringIBuilding
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Inspection Director 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 a 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 determined based upon policies established from time to time by the Public Works
Committee.
18.55 RECFtEATlON TRAlLS AND PEDESTRIANWAYS.
(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 fiontage streets and on one or
both sides of all other streets within the subdivision. The construction of all sidewalks or
off road paths shall be in accordance with plans and standard specifications adopted by the
Common Council.
(2) Wider than standard sidewalks or off road paths 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 DlSPOSAL 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 and minor land divisions within the adopted sanitary sewer service area
shall be provided with public sanitary sewer facilities, unless a waiver is granted by the
Public Utilities Committee in accordance with the procedures of Chapter 21 of the
Municipal Code.
(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 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.
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I
18.57 STORM WATER DRAINAGE FACILITIES.
The Subdivider shall construct storm water drainage facilities, adequate to serve the
I 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
facilities shall be constructed in accordance with Chapter 34 of the Municipal Code.
The Subdivider shall assume the cost of installing all storm sewers within the proposed
subdivision or minor land division, 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
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.
Copies of all DNR and US. Army Corps of Engineer permits shall be submitted to the City
prior to any construction or disturbances of land.
I
l and sedimentation and to present no hazard to life or property. All storm water drainage
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 distribution facilities to be installed in such a
manner as to make adequate water service available to each lot within the subdivision. The 0 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:
(I) All subdivisions and minor land divisions within the water supply service area of the City
shall be provided public water supply and distribution facilities or community well
facilities, unless a waiver is granted by the Public Utilities Committee.
(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.
(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.
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0
18.59 OTHER UTILITIES.
(1) 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 or minor land division. 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 Engineering/Building Inspection
Director.
(2) All new electric or communication lines from which lots are individually served shall be
installed underground within all newly platted subdivisions or minor land divisions 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 substations, pad-mounted transformers, pad mounted sectionalizing switches and
pedestal-mounted 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.
(I) STREET LAMPS AND POLES. The Subdivider shall pay to the City the cost to install
street lamps and lamp poles of a design approved by the Engineering/Building Inspection
Director, 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. On all streets the subdivider shall plant one large street tree for each 50' of frontage, or
one small street tree for each 30' of frontage on all streets proposed within and adjacent to
the subdivision. All street trees shall be located within an easement dedicated for street
tree purposes, 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 City Planning Department
shall maintain a list of approved street trees for small and large planting areas.
B. Street Tree planting shall be completed in accordance with the Plans and Specifications
approved by the Plan Commission, and shall be warranted by Subdivider for 12 months
following initial planting.
C. The lot owner shall be responsible for all street tree maintenance following the initial
planting and 12 month warranty period required of the Subdivider.
D. Subdivider shall submit a bond in an amount determined by the City Engineer to cover
the costs of trees, planting, and maintenance for 12 months following initial planting. The
bond shall be in effect for I8 months following initial planting and shall not be reduced
or released until all required trees have been inspected by the City and deemed to be in a
healthy and flourishing condition. Trees determined by the City to be dead or dying shall
be replaced one (1) time at Subdividers full expense.
18.61 IMPROVEMENT OF EXISTING HALF-STREETS.
Where a subdivision or minor land division abuts an existing street or half-street and lots within 0 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
benefited properties.
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CONSTRUCTION STANDARDS : CONVENTIONAL SUBDIVISIONS
0 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 or other such agency have been received by the City and
EngineeringBuilding Inspection Directors. Inspection fees shall be required to be filed as
specified in 618.14 ofthis chapter.
18.71 BUILDING PERMITS.
(1) PERMITS REQUIRED. No building 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 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 Engineering/Building Inspection Director, Public Works Department, Utility
Department, Planning Department and the Mayor's Office. The site grading and erosion
control plan shall be forwarded to the Soil Erosion Control Inspector. The deadline for
submittal shall be established from time to time by policy of the Public Works Committee
(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 EngineeringiBuilding Inspection
Director, Public Works Department, Utility Department, Building Department or any City
committee without first being processed through the Planning Department.
(4) In no case will plans be accepted unless all improvement plans are included with the
submittal. Plans will not he 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 EngineeringiBuilding Inspection Director 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. 0
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(6) There will no longer be a review of so-called "prefinal" or "preliminary" construction
plans for review by only the EngineeringlBuilding Inspection Director. 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 it to be
accepted and routed for review.
(8) The Planning Department will transmit the full set of "final" constructiodimprovement
plans to the EngineeringiBuilding Inspection Director. The EngineeringiBuilding
Inspection Director 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
EngineeringlBuilding Inspection Director is received.
(9) It will be the applicant's responsibility to contact the Mayor's secretary, to contirm 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 REQUlRED PLANS. 0 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 EngineeringiBuilding Inspection Director before construction or installation of improvements
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 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
0 amended.
(6) Master site grading plan showing the finished grades of each lot in the subdivision.
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a (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 EngineeringiBuilding Inspection Director where
all details regarding the installation of the required improvements shall be presented and
reviewed and shall include provisions for engineering inspection services. All engineering
inspections shall be made by the EngineeringiBuilding Inspection Director or his designee. The
approving authorities or their representatives and the EngineeringIBuilding Inspection Director
or his designee 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 REQUIRED.
Within 30 days following the completion and acceptance by the Engineering/Building Inspection
Director of all improvements, the Subdivider shall provide a duplicate reproducible copy of all
improvement plans. Sanitary Sewer, Storm Sewer and water as-builts shall be prepared by the
Engineeringhilding Inspection Director at the Subdivider's expense, including any costs
necessary to update the City's Geographic lnformation System.
18.76 EROSION CONTROL.
0 (1) 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 Chapter 29 of the Municipal Code.
(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; presewe and improve scenic
qualities; and, during foliation, substantially screen any 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 wood chip surface. 0
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a (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
518.75 and sub. (I) ofthis 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 Emsion Control Inspector or City
Plan Commission as they deem appropriate.
(3) EXISTING FEATURES. The Subdivider shall make every effort to protect and retain all
existing trees, shrubbery, vines and grasses not actually lying in ptblic 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) Temporary vegetation and mulching shall be used to protect critical areas and
permanent vegetation shall be installed as soon as practical.
(b) 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.
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DESIGN STANDARDS : CONSERVATION SUBDIVISIONS
18.80 LAND SUITABILITY. No land shall be developed which is held to be unsuitable for
any proposed use if identified as being environmentally sensitive. Areas identified as
being environmentally sensitive include, but are not limited to:
1. All areas mapped as Floodplain by the Federal Emergency Management Agency
(FEMA), Wisconsin Department ofNatural Resources, or other public or private
entity.
2. All wetlands as defined in NR 103.02(5) of the Wisconsin Administrative Code,
including a fifty [501 foot buffer.
3. All areas within /501 feet of the ordinary high- water mark of navigable streams and
lakes, as identified by the Planning Director or his designee.
4. All areas having slopes greater than twelve 1121 percent.
5. Areas that are known to provide habitat for rare, threatened or endangered species.
6. Burial sites and Indian mounds.
7. Drainage ways that contain running water during spring runoff, during storm events or
when it rains. A twenty five 1251 foot buffer from the edge of the drainage way shall
be included. Areas determined to be environmentally sensitive may be included as
common open space in a Conservation Subdivision but shall not be included in the
development yield analysis. These lands shall be identified as an outlot or other
designation that indicates the land is not available for development. a 18.81 DEVELOPMENT YIELD. The number of residential units for a parcel shall be
determined in accordance with the following:
I The development yield analysis in section I8:31(3)(i) shall establish the base
development yield for the parcel.
2. The base development density may be increased if the development complies with one
or more of the following standards. Each standard provides a development yield bonus
of the greater of one (1) parcel or 5% of the base development yield:
i. Creating an endowment where the principal would generate sufficient annual
interest to cover the conservation easement holder’s yearly costs (taxes, insurance,
maintenance, enforcement, etc.).
facilities, excluding golf courses.
themes, including but not limited to those sites inventoried by the State Historical
Society of Wisconsin.
Plan.
ii. Providing for access by the general public to trails, parks, or other recreational
iii.Reusing existing buildings and structures which incorporate rural or agrarian
iv.Preservation of Environmental features identified in the adopted Conselvation
v. Rcdorcs nativc prairie and provides a management plan for pcrpcrual Inaintcllance.
vi.lmprovcs watcr qt~alily by tl~rou~h skmnwnler Inanagcnlcnt standards anti
prxlice,5 which cxccctl Ihc ~nirai~nu~n ~tanclwds ofC:hq~lcr 3.1 of thc Municipal
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*
For parcels Icss than eighty (80) acres in area. the maximum bonus permitted is the greater
of three (3) parcels or 15% of the base development density. For parccls eighty (SO) acrcs
or grcater in xca. thc nlaxinlum Iwnus permitted is the grcatcr crt'fi~ur. (4) parcels 01- 20yb
of thc base devcloplncnt dcnsity All development yield bonuses shall be calculated to the
nearest one-hundredth. In cases where the total combined development yield bonus results
in a fraction , all such fractions shall be rounded up to the next whole number,
18.82 PERFORMANCE STANDARDS
1, General Consideration. Conservation Subdivisions shall identify a conservation theme
or themes. This theme shall be identified at the time of the initial application.
Conservation themes may include, but are not limited to, forest stewardship, water
quality preservation, farmland preservation, natural habitat restoration, viewshed
preservation, or archaeological and historic properties preservation. The Plan
Commission shall have the ability to specify which areas shall be preserved.
2. Agricultural Use. If agricultural uses are proposed to be maintained, lots shall be
configured in a manner that maximizes the useable area remaining for such agricultural
uses, with appropriate buffers between agricultural uses and residential structures.
3. Residential Lot Requirements . Residential parcels located within Conservation
Subdivisions shall conform to the COPD - Conservation Planned Overlay District zoning
regulations, and the following:
a) Lots shall be in conformance with the design standards identified in Section 18.42
b) All lots and dwellings shall be grouped into clusters of no more than twenty (20)
(I), 18:42 (2), 18:42 (3), and 18.42 (8).
dwelling units. Said clusters shall:
i. Be located to minimize negative impacts on the natural, scenic, and cultural
resources of the site, and minimize conflicts between incompatible uses.
ii. Avoid encroaching on rare plant communities, high quality environmental
resources, or endangered resources as may be identified by the Wisconsin
Department of Natural Resources.
c) Lots shall be configured to minimize the amount of road length required for the
subdivision.
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d) All lots shall abut open space on at least one side. A minor street may separate
e) Lots shall be oriented around one or more of the following:
lots from said open space.
i. A central green or open space.
ii. A physical amenity such as a meadow, stand of trees, or other natural or
restored feature.
4. Open Space Standards. Open space shall be designated as part of the development.
i. The minimum required open space is 50% of the gross acreage less lands granted
for density bonuses as stated in Section 18.81 (2) ofthis Ordinance. Road rights-
of-way shall not count towards open space requirements.
ii. All open space shall be owned and maintained under one of the alternatives listed
in 18:82(6), and as approved by the City.
iii. The uses within the open space shall be accessible to the residents of the
development. These uses may also be available to the general public providing the
proper approvals are received. The required open space shall be undivided and
restricted in perpetuity from future development, as specified in Section 18:82(5).
iv. That portion of open space designed to provide plant and animal habitat shall be
kept as intact as possible. Trails shall be designed to avoid fragmenting these
areas.
v. Accessible open space in upland areas shall be available for recreational uses such
as trails, play fields, or community gardens but should be designed in a manner
that avoids adversely impacting archeological sites.
residents, and connecting these areas to neighborhood streets and to planned or
developed trails on adjacent parcels shall be identified in the plan.
vii. The following areas or structures may be located within the open space area and
shall be counted toward the overall open space percentage required:
i. Parking areas for access to and use of the open space developed at a scale
ii. Privately- held buildings or structures provided they are accessory to the use of
iii. Shared septic systems and shared water systems.
vi. A pathway system connecting open space areas accessible to neighborhood
limited to the potential users of the open space.
the open space.
f) Ownership and Maintenance of Common Areas. The designated common open
space and common facilities may be owned and managed by one or a combination of
the following:
a. An incorporated homeowners’ association. Membership in the association is
mandatory for all purchasers of homes in the development and their successors.
The homeowners’ association bylaws, guaranteeing continuing maintenance of
the open space and other common facilities, and the declaration of covenants,
conditions and restrictions of the homeowners association shall be submitted for
approval to the City as part of the information required for the preliminary plat.
Ownership Act, Chapter 703 of the Wisconsin Statutes. If the common open
space and facilities is to be held under the Condominium Ownership Act, Chapter
b. A condominium association established in accordance with the Condominium
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703 of the Wisconsin Statutes, the condominium instruments shall identify the
restrictions placed upon the use and enjoyment of the common open space. All
common open space shall be held as a “common element” as defined in section
703.0 I( 2) of the Wisconsin Statutes.
c. A nonprofit conservation organization. If the common open space is to be held by
a nonprofit conservation organization, the organization must be acceptable to the
City of Muskego. The conveyance to the nonprofit conservation organization
must contain appropriate provisions for reversion in the event that the
organization becomes unwilling or unable to uphold the terms of the conveyance.
interest in real property. The City may accept the common open space provided
the common open space is accessible to the public and provided the City agrees to
and has access to maintain the common open space.
conservation easement.
d. The City of Muskego or another governmental body empowered to hold an
e. An individual who will use the land for open space purposes as provided by a
g) Streets
1, Right of Way widths and design standards shall be in conformance with design
standards identified in Section 18:40(3) and 18:40 (4).
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18.90 REQUIRED IMPROVEMENTS : CONSERVATION SUBDIVISIONS 0 18.90 GENERAL.
All required improvements shall be constructed in accordance with plans and standard
specifications approved by the City Public Works Committee, Public Utilities Committee,
Engineering/Building Inspection Director, Wisconsin Department of Natural Resources and
Milwaukee Metropolitan Sewerage District, as may be appropriate. Such plans and standard
specifications shall be submitted, reviewed and approved in accordance with 5 18.102 of this
chapter.
18.91 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 EngineeringIBuilding Inspection
Director.
18.92 GRADING.
(I) 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 Engineering/Building Inspection Director.
(2) The Subdivider shall grade the development pads and 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 Engineering/Building Inspection Director. The
Subdivider shall grade the roadbeds in the street rights-of-way to subgrade.
0
(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.
18.93 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 Comprehensive Plan 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
Engineering/Building Inspection Director and adopted by the Common Council or its authorized
agents. The second lift of asphalt shall be installed in accordance with policies established from
time to time by the Public Works Committee.
18.94 CURB AND GUTTER.
The Common Council may require the Subdivider to construct concrete curb and gutters in
accordance with plans and standard specifications approved by the City Public Works
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Committee, Public Utilities Committee, upon the recommendation of the EngineeringiBuilding
Inspection Director and adopted by the Common Council or its authorized agents. Mountable @ curbs shall generally be constructed.
18.95 RECREATlON TRAILS AND PEDESTRIANWAYS.
(1) 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 subdivision. The construction of all sidewalks
and paths shall be in accordance with plans and standard specifications adopted by the
Common Council.
(2) Wider than standard sidewalks or paths 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.
18.96 SEWAGE DISPOSAL FACILITIES.
When private sanitary sewer facilities are proposed to serve a Conservation Subdivision, such
facilities may be located on the individual parcel serviced by the facility, or may be located
within common open space areas subject to recording proper easements for use and maintenance.
When public sanitary sewer facilities are available to the Conservation Subdivision, the
Subdivider shall construct sanitary sewerage facilities in such a manner as to make adequate 0 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, unless a waiver has been granted by the Public Utilities
Committee in accordance with Chapter 21 of the Municipal Code.
(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 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.
18.97 STORM WATER DRAINAGE FACILITIES.
The Subdivider shall construct storm water drainage facilities, adequate to serve the subdivision 0 which shall include, but not be limited to, curbs and gutters, catch basins and inlets, storm
69
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. All storm water drainage facilities shall be constructed in accordance with Chapter
34 of the Municipal Code
The Subdivider shall assume the cost of installing all storm sewers within the proposed
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
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.
1. subdivision, except for the added cost of installing stonn sewers greater than those which are
1. the added cost of installing larger sewers in the total tributary drainage area which shall be
Copies of all DNR and U.S. Army Corps of Engineer permits shall be submitted to the City prior
to any construction or disturbances of land.
18.98 WATER SUPPLY FACILITIES.
When private water supply and distribution facilities are proposed to serve a Conservation
Subdivision, such facilities may be located on the individual parcel serviced by the facility, or
may be located within common open space areas subject to recording proper easements for use
and maintenance.
When public water supply and distribution facilities are available to the Conservation
Subdivision, the Subdivider shall cause such water supply and distribution facilities to be 0 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:
(I) 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.
(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.
0
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18.99 OTHER IMPROVEMENTS. L (1) 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 EngineeringBuilding Inspection Director.
(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
substations, pad-mounted transformers, pad mounted sectionalizing switches and pedestal-
mounted 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.
(3) STREET LAMPS AND POLES. The Subdivider shall pay to the City the cat to install
street lamps and lamp poles of a design approved by the Engineering/Building Inspection
Director, at each subdivision street which intersects an arterial or collector and at such
interior block spacing as may be required by the Common Council.
(4) 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,
(5) TREES. The Subdivider shall plant Street Trees in accordance with the requirements of 0 Chapter 37 of the Municipal Code.
(6) IMPROVEMENT TO EXISTING HALF-STREETS. Where a Conservation
Subdivision 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 benefited properties.
0
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CONSTRUCTION STANDARDS : CONSERVATION SUBDIVISIONS .e 18.100 COMMENCEMENT.
No construction or installation of improvements shall commence in a proposed Conservation
Subdivision until the final plat 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, US. ACOE,
Waukesha County Environmental Services Department or other such agency have been received
by the City and EngineeringiBuilding Inspection Director. Inspection fees shall be rquired to be
filed as specified in § 18.14 of this chapter.
18.101 BUILDING PERMITS.
(1) PERMITS REQUIRED. No building 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. thc insptctor 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.
18.102 IMPROVEMENT PLAN APPROVAL PROCEDURE.
The following procedure shall be followed for all Conservation Subdivision construction/
improvement plans and submittal of revised plans:
0
(I) Five copies of each plan shall be submitted to the Planning Department for distribution to
the Engineering/Building Inspection Director, Public Works Department, Utility
Department, Planning Department and the Mayor’s Office. The site grading and erosion
control plan shall be forwarded to the Soil Erosion Control Inspector. The deadline for
submittal shall be established by policy ofthe Public Works Committee.
(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 EngineeringiBuilding Inspection
Director, Public Works Department, Utility Department, Building Department or any City
committee without first being processed through the Planning Department.
(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) There will no longer be areview of so-called “prefinal” or ”preliminary” construction
plans for review by only the Engineeringhilding Inspection Director. Preliminary plan
submittal shall be transmitted via the Planning Department to all City reviewers for their
72
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.
(6) Each copy of the plans shall have a drawing and/or revision date in order for it to be
accepted and routed for review.
(7) The Planning Department will transmit the full set of "final" constructiodimprovement
plans to the EngineeringlBuilding Inspection Director. The EngineerindBuilding
Inspection Director 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
EngineeringiBuilding Inspection Director is received.
(8) 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.
(9) Once the City committees and outside approving agencies provide written approval, the
applicant may schedule a preconstruction meeting through theMayor's secretary.
18.103 REQUIRED 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 EngineeringIBuilding Inspection Director before construction or installation of improvements
is authorized:
(I) 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 requiTed 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 minimize 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.
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(8) Additional special plans or information as required
@ 18.104 INSPECTION.
The Subdivider, prior to commencing any work within the subdivision, shall make arrangements
for a preconstruction meeting conducted by the Engineering/Building Inspection Director where
all details regarding the installation of the required improvements shall be presented and
reviewed and shall include provisions for engineering inspection services. All engineering
inspections shall be made by the EngineeringiBuilding Inspection Director or his designee. The
approving authorities or their representatives and the Engineering/Building Inspection Director
or his designee shall inspect and recommend for approval all completed work prior to release of
the sureties and acceptance of dedicated subdivision improvements.
18.105 AS-BUILT PLANS REQUIRED.
Within 30 days following the completion and acceptance by the Engineering/Building Inspection
Director of all improvements, the Subdivider shall provide a duplicate reproducible copy of all
improvement plans. Sewer and water as-builts shall be prepared by the EngineeringiBuilding
Inspection Director at the Subdivider's expense, including any cost necessary to update the City's
Geographic Information System (GIS).
18.106 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 lnspector under Ch.
29 of this Municipal Code.
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 clem'ng 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
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 wood chip 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,
74
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
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 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 FEATURES. The Subdivider shall make every effort to protect and retain all
existing trees, shrubbery, vines and grasses not actually lying m 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) Temporary vegetation and mulching shall be used to protect critical areas and
permanent vegetation shall be installed as soon as practical.
(b) 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.
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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
junsdlctlon 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 1 lTH DAY OF SEPTEMBER ,2001
CITY OF MUSKEG0 /
David L. De Angelis, Mayor
* AlTEST. First Reading: 8/28/2001
,eadt Cover Ordinance Published: 9/27/2001
76
STATE OF WSCONSIN)
Milwaukee County 1 ) ss.
Officiwke
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 fiom the said paper, was published
therein on
.. .... ., ,., ,. ,.
............ Sem r?QeC...dr! ...........
.............................
............ ........ , . , . . , . .
. .,,. .,
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #I081
AN ORDINANCE TO REPEAL AND RECREATE
CHAPTER 18
OF THE MUNICIPAL CODE OF THE ClTv OF MUSKEGO
(LAND DIVISION ORDINANCE)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN DO ORDAIN AS FOLLOWS: / 1 $'
SECTION 1. Chapter 18 of the Municipal Code of thevity of Muskego, Wisconsin is
hereby repealed and recreated
CHAPTER 18
SUBDIVISION AND PLATTING
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.
(I) 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
#jurisdiction as established in Sections 61.35, 66.0105, and 236.10 of Wisconsin
Statutes-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 adjustment 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 as identified in the adoDted
Comprehensive Plan and adoDted Conservation Plan.
(d) Secure safety from fire, panic and other dangers.
(e) Provide adequate light and air.
(0 Facilitate adequate provision for housing, transportation, water supply, wastewater,
schools, parks, playgrounds and other public facilities and services.
(8) 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.
6) Preserve natural vegetation and cover and promote the natural beauty of the City and its
environs.
1
(0 (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.
@) 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 previously
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 provisions of hs chapter shall be held to be minimum
requirements, shall be liberally construed 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.
(1) SEVERABILITY. 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 LLABILITY. The City does not guarantee, warrant or represent 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 flooding
problems, sanitation problems or structural damages that may occur as a result of reliance
upon and conformance with this chapter.
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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.
ACREAGE. GROSS. The total area of a Darcel or develoDment including the area of Derimeter
street rights-of-way as measured to the center line of the street.
ACREAGE. NET. The area of a parcel or development excluding the area of Derimter streets.
and excluding the area of all existing or proposed rights-of-way located within the parcel or
develoDment.
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
Commission. Examples of advisory agencies include the Waukesha County Land Conservation lanl
Committee, 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. ($236.02 (I), Wis. Stats.)
ARTEW 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 -LAN COMMISSION. The Commission created by the Common 1
Council under $62.23, Wis. Stats., and authorized to plan land use within the City.
CITY PLANNER. The officer designated by the Common Council to administer this chapter,
more specifically the Director of Planning or his designee.
..
, CERTIFIED SURVEY MAP. A map prepared by a registered land surveyor in accordance with
$236.34, Wis. Stats. Certified survey maps may, under the terms of this chapter, be used to
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create "minor land divisions" of not more than 4 parcels.
COLLECTOR STREET (See "STREET COLLECTOR).
COMMON OPEN SPACE. Undeveloped land within a subdivision that has been desimated,
dedicated. reserved, or restricted in perpetuity from further development and is set aside for the
use and eniovment by residents of the community. Common open space does not include any
portion of a private residential lot. and shall be substantially free of structures. but may contain
historic structures. shared recreational structures including but not limited to pool houses or
stables. as indicated on the approved development plan.
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 Southeastern Wisconsin Regional Planning Commission, County
Park and Planning Commission or City Ian Commission and certified to the
Common Council under 5566.%m, 59.-!%@ and 62.23, Wis. Stats., including proposals for 1
future land use, transportation, urban redevelopment 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.
CONDOMINIUM. A community association combining individual unit ownership with shared
use or ownership of common property or facilities, established in accordance with the
requirements of the Condominium Ownership Act, Chapter 703 of the Wisconsin Statutes. A
condominium is a legal form of ownership of real estate and not a specific building tme or style.
CONSERVATION EASEMENT. The mant of a property right or interest from the property
owner to a unit of government or nonprofit organization stipulating that the described land shall
remain in its natural, scenic, open or wooded. or agricultural state. Drecluding future or additional
development.
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 Agnculture, Trade and Consumer Protection.
DEVELOPMENT PAD. Also referred to as Development Envelope. That portion of a lot which
is intended to be maded. paved, or built upon.
DWELLING UNIT. A building or part of a building used for a place of abode and occupied by
one family.
ENVIRONMENTAL €€MkHWR FEATURE. Those lands containing concentrations of scenic, 1
recreational and other natural resources as identified and delineated in the comprehensive
planning program of the Southeastem 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.
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a @) Wetlands.
(c) Forest and woodlands.
(d) Wildlife habitat areas.
(e) Rough topography.
(0 Significant geological formations.
(g) Wet or poorly drained soils.
(h) Existing outdoor recreation sites.
(i) Potential outdoor recreation and related open-space sites.
6) Historic sites and structures.
(k) Significant scenic areas of vistas.
EXTRATERRITORIAL PLAT AND CERTIFIED SURVEY MAP APPROVAL
IURISDICTION. 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.
I
human beings.
FILL. Sand, gravel, earth or other materials of any composition whatever placed or deposited by
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, floodfiinge 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. "Mottling" 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
fiequent as to leave a distinct mark by erosion, change in or destruction of vegetation or other
easily recognized topographic, geologic or vegetative characteristic. e
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IMPROVEMENT, PUBLIC. Any sanitary sewer, storm sewer, open channel, water main, 1 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 comer of
such intersection shall have an angle of 135' or less, measured on the lot side.
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 konting 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 below)
~
0
0
.. _.- -.-
'\
-\
STREET /LC3
"1 I . .""-
-..- LOT LINES - BLOCK BOUNDARY
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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.
MINOR STREET (See STREET, MINOR)
MITIGATION AREA. The uortion of a lot which could be included in a Develoument Pad, but
which is restricted for use as undeveloped open space in order to alleviate or lessen the impact of
develomnent.
MUNICIPALITY An incorporated village or city.
NATIONAL MAP ACCURACY STANDARDS. Standards governing the horizontal and
vertical accuracy of topographic maps and specifylng 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 differentiated 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 0 v. Public Service Commission, 261 Wis. 2d 492 (1952) and DeGavnor and Co., Inc. v.
Department ofNatural Resources, 70 Wis. 2d 936 (1975)l.
NONPROFIT CONSERVATION ORGANIZATION. Any charitable corporation, charitable
association. or charitable trust. the purpose or powers of which include retaining or urotecting the
natural. scenic. or oDen space values of real property. assuring the availability of real uroperty for
amicultural. forest. recreational or open space use, protecting natural resources. maintaining or
enhancing air or water quality, or Dreserving the historical, architectural. or cultural asuects of
this ordinance.
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),-
Department of Commerce, 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.
OWNER. A individual firm, association, syndicate, partnership or corporation having a 0 proprietary interest in a parcel of land.
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OWNERS ASSOCIATION. A communitv organization incorporated or unincorporated. which
combines individual parcel ownership with shared use or ownership of common Droperty or
facilities.
PARENT PARCEL. An existing parcel (or parcels) of record. as identified bv individial tax
identification numbers, as of the effective date of this ordinance. from which land divisions are
proposed.
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 consideration. 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.
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 large 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.
STEEP SLOPE: Land areas where the gradient exceeds twelve (12) percent.
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.
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.
a
STREET, MINOR (Local). A street used, or intended to be used, primarily for access to abutting
properties.
SUBDIVIDER. Any person, firm, *corporation, partnership, association, trust, or any agent 1
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. CONSERVATION. A housinc! development constructed under the auspices of
the COPD Conservation Planned Development Overlay Zonina District. in a rural setting
comprised of at least five residential parcels situated on no less than fifieen 115) acres. that is
characterized bv compact lots and common open space. and where the natural features of the land
are maintained to the meatest extent possible.
SUBDIVISION, CONVENTIONAL. 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. Tbk" 0
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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 whch 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 $35.93 and Ch. 227, Wis. Stats., including subsequent amendments to those rules.
9
0 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 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 ..
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.
(I) 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.
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 0
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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 $236.30, Wis. Stats.
@) Conveyance of lots in unrecorded plats carries penalties as provided for in 9236.31,
Wis. Stats.
(c) Monuments disturbed or not placed carries penalties as provided for in $236.32, 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 $70.27, 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 FEES.
(1) 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:
I. 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 Common Council to defray
the cost of gving 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.
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l 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
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.
(b) May be Recomputed. The fee may be recomputed, upon demand of the Subdivider or
-Director of Buildinv and Engineering, after completion of improvement I
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 -Director of Buildine. and
Engineering.
(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
-Director of Building and Enaineerinys' or other approving authorities having 1
jurisdiction for such inspection deem necessary, to assure that the conshuction of the
required improvements is in compliance with the plans, specifications and ordinances of
the approving authorities having jurisdiction or any other governmental authority.
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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 $861.35, 62.23(2) and 236. 1-0, Wis. Stats. The I
provisions of this chapter whch 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 $157.07, Wis. Stats.
(e) Assessors' plats made under $70.27, 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.
(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 p-
a
Commerce. as contained in COMM 83 of the Wisconsin Administrative Code, I
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, as contained in TRANS 233 of
the Wisconsin Administrative Code, 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.
(d) Rules of the Wisconsin Department of Natural Resources, as contained in NR I 16. NR
117, and NR 118 of the Wisconsin Administrative Code. -setting water quality
standards preventing and abating pollution and regulating development within
floodland, wetland and shoreland areas.
(e) Approved ecomprehensive pelan or 6Comprehensive pplan components of the City.
(f) The City zoning ordinance and all other applicable local and county ordinances.
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18.21 DEDICATION AND RESERVATION OF LANDS.
(I) 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
&omprehensive p&n or adopted comprehensive p&n components or on the official-
&ymepStreet Svstem Mao, 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
#Sections 18.40 through 18.46 of this chapter. I (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 comdor 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
comdor 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 $18.46 of this chapter. I
(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 ofthe 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 Common
Council following recommendation by them Ian Commission, be I
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
10 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.
14
a (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
recreational 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.
(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 0 approval of the City Attorney in an amount equal to the estimated cost of the improvements, such
estlmate to be made by the Finance Committee and the Common Council upon the
recommendation of the G+!A@wsDirector of Building and Engineering, as a guarantee that I
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 GHyhgkwDirector of Building and Engineering and approval of the 1
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 5236.15, Wis. Stats., and as may be required by the
"Director of Building and Engineering.
(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 e
15
0 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 1
the placing of monuments, required under §236.15(l)(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, checlung 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.
18.23 EXISTING SUBSTANDARD LOTS. (Ord. #I043 - 10-19-00)
(I) CONVEYANCE RESTRICTED. Ifa 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. (To be repealed on 1213 1/2002) 0
(b) Referral to .. Ian Commission. Such petition shall be referred to the
-Ian Commission for study to determine the practical possibility of a
redivision of ownership to provide lots which will conform to the City zoning
regulations. (To be repealed on 12/31/2002).
..
(c) Time Limit. The .. Plan Commission shall make its recommendation to 1
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. (To be repealed
on 12/3 1/2002).
(d) Criteria. The .. Ian Commission in making its recommendation and I
the Common Council in making its determination shall give consideration, among
others, to the following factors: (To be repealed on 12/31/ 2002).
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. (To be repealed on 12/31/2002).
2. Sewage Disposal. Where public sewer is not available, the lot size necessary to
insure safe sewage disposal. (To be repealed on 12/31/2002).
3. Practicability. The economic and engineering practicability of any possible re-
division. (To be repealed on 12/31/2002).
16
4. Hardship. The degree of practical hardship whch may be imposed upon the owner.
(To be repealed on 12/31/2002).
(e) Method of Redivision. Such redivision may be accomplished as is most appropriate
by: (To be repealed on 12/3 1/2002).
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 divisions” as provided by Section: 18.33.
(0 Notification Procedure. The .. Ian Commission in making its
determination shall first give notice to all property owners within 100’ of the perimeter
of the subject property that such a request has been submitted for consideration. (To be
repealed on 1213 1/2002).
(2) DETEWATION OF OWNERSHP For the purpose of hs section, lots and property
shall be considered in the same ownership when owned by: the Same individual or
corporation; an indvidual and another in joint tenancy, or as tenants in common and either of
the joint or common tenants own other lots individually or as joint tenant in common with
another; an individual and other lots are owned by hidher spouse and when any of such lots are
owned by an individual and other lots are owned by a corporation in whch such inhvidual is
an officer or director or controlling stockholder.
0
(3) PRIOR APPROVALS. Where the owner of such substandard lot has been granted “legal lot
status” under the provisions of hs section prior to December 3 1,2002, such approval shall be
deemed valid. All lots granted such status shall be classified as conforming for the purpose of
conveyance and permitting as described in Section 18.23 (l), and shall not be subject to the
conveyance and building permit restrictions of hs Section.
(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 swey map in the manner provided in hs chapter. (To be
repealed 12/31/2002).
18.24 VARIANCES.
(1) Where in the judgment of the City W Ian Commission it would be I ..
inappropriate to apply literally the provisions of 318.40 and where, in the judgment 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
Commission or Council may grant a variance fiom any requirement to the extent deemed -I
just and proper.
-Ian Commission fmds all the following facts and conditions exist and so I
indicates in the minutes of its proceedings:
(a) Exceptional Circumstances. There are exceptional, extraordinary or unusual
.. Ian
(2) No variance to the provisions of this chapter shall be granted unless the Ha++ ..
0 circumstances or conditions where a literal enforcement of the requirements of this
17
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 ths chapter should b
changed.
(b) Preservation of Property Rights. 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 .. Ian Commission member votes shall be 1
required to grant any variance of this chapter.
(e) The Common Council may waive the placing of monuments required under
§236.15(1)(b), (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 development 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 .. - Ian
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 Ian Commission, upon the recommendation of
the -p or any other agency as determined by the
-Ian 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:
..
..
(1) 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 available, the elevation shall be
determined by a registered professional engineer and the sealed documents shall be
approved by the -Director of Building and Engineering. I @) For planned development projects served by public sanitary sewerage facilities, no lot
shall have less than the average lot area, as specified by the
Commission, below the elevation of the 100-year recurrence interval flood or -I where
such data is not available, the elevation shall be determined by a registered professional
.. Ian
I 0
I
engineer and the sealed documents shall be approved by the -Director of
Building and Engineering.
(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 -Director ofBuilding and Engineering. I
(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.
(b) Lands made, altered or filled 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 employees
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 on site 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 witIun 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.
(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) -LAN COMMISSION. The ..
0
an Commission, I
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,
19
if he so desires. Thereafter, the Commission may affirm, modify or withdraw its
determination of unsuitability.
18.26 WOODED AREAS AND NATURAL. TREE 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.
20
e 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
Plan submit a preliminary sketch or concept plan for review by the
Commission. The purpose of such a sketch is to gain tentative approval from the PlitR
€emmmmPlan Commission prior to expending time and resources on a preliminary
plat. This review by the
City or the Subdivider.
.. -
..
.. Ian Commission is not binding on either the
c 18.31 PRELIMINARY PLAT.
(I) 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
desired. In addition:
(a) The City Clerk or designee shall, within 2 normal work days after filing, transmit 2
.. Ian Commission at which action is
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, Deparhnent of]-
Commerce, 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
fCommerce shall hereafter 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 Common Council and one copy each to the following City departments;
..
21
Building, Utility, Public Works, Parks and Recreation (to be reviewed by the City Park
Board), Police, City Assessor, -Director of Building and Engineering and 1
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
30 days from the date the plat is filed. The preliminary plat shall then be reviewed by
the City
ordinances, rules, regulations, comprehensive plans and comprehensive plan
components.
.. Ian Commission within 1
Ian Commission for conformance with this chapter and all 1 ..
(c) The City Planning Depment 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-Noway
School District for their review and information Concerning matters within their
jurisdiction. Their comments, if any, shall be transmitted to the City pleff
€aM”lan Commission within 30 days from the date the plat is filed. ..
(d) The City .. Ian Commission is designated as the recommending agency
with respect to design and layout of the preliminary plat under @ Sections 18.40 and
18.50 of this chapter.
(e) The Wisconsin Departments of Agnculture, Trade and Consumer Protection (DATCP),
Transportation (WDOT), Natural Resources and
-the Department of Commerce 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 566.945, 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 pleff
€emwmenPlan Commission. If an objecting agency fails to act within 20 days, it shall I
be deemed to have no objection to the plat.
(a) The City Ian Commission shall, within 60 days of the date of filing 1
..
..
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 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,
0
22
a 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. I
(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 5236.1 l(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 Ian Commission and Common 1
Council at the time of its submission.
GwmtwenPlan Commission or the Common Council, the Subdivider may proceed I
with installation of subdivision improvements after approval of the engineering plans
by the -Director of Building and Engineering, Public Works Committee 1
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 €++
hgmefDirector of Building and Engineering, 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.
If after the approval or conditional approval of the Preliminary Plat by either the €%a-
-Ian Commission or the Common Council, the Subdivider creates a I
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.
..
(e) Upon approval or conditional approval of a preliminary plat from the PleR ..
,.
0 (3) SUBMITTAL REQUIREMENTS.
23
(a) General. A preliminary plat shall be required for all subdivisions and shall be based
upon a survey by a registered land surveyor (IUS) 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
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.
.. plan Commission may I
(b) Plat Data. All preliminaryplats shall show the following:
1. Exact length and bearing of the exterior boundaries of the proposed subdivision
referenced to a comer established in the U.S. Public Land Survey and total acreage
encompassed thereby.
2. Locations of all existing property boundary lines, structures and the first floor
elevations thereof, dnves, visible and known wells, streams and watercourses, all
wetlands, 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
24
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 ofnot
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.
10. High-water 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
document.
1 I. 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 &y%gwe+Director of Building and
Engineering. 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 WyhgkwDirector of Building and
-, 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
minimum of one test per 3 acres shall be made initially. The -Director
of Building and Engineering may require that additional tests be provided. The I
results of such tests shall be submitted along with the preliminary plat.
14. Location of soil percolation tests where required by @T=HKCOMM 85.06, Wis. I
Adm. Code, taken at the location and depth in which the soil absorption waste
25
0 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
16. Approximate dimensions of all lots together with proposed lot and block numbers.
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.
alleys and easements.
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 PlttR .. GmmsmnPlan 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.
0 22. Approximate location of all wetlands based on aerial photographs provided by the
southeastern Wisconsin Regional Planning Commission.
(c) Street Plans and Profiles. The .. Ian Commission, upon the
recommendation of the G+%gmwFDirector of Building and Engineering, may I
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 Gty&merDirector of Building and Engineering.
(d) Testing. The .. Ian Commission, upon the recommendation of the Gt-y
-Director of Building and Engineering, 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. MLR 85, Wis. Adm. Code, shall be complied with and the
appropriate data submitted with the preliminary plat.
e (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 County
26
Land Conservation Committee and shall be in accordance with standards in fj 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 10' 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.
Waukesha County Land Conservation Committee, State District Fish and Game
Managers and Forester by the
appropriate.
4. Review of cutting, clearing and earth movement may be requested through the
.. lan Commission as they deem I
5. Thew Ian Commission, upon determining from a review of the I ..
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
Commission determines necessary, a detailed site plan shall be submitted showing I
that there would be no solar access conflicts with structures and landscaping.
.. - Ian
(0 Covenants.
1. The- Ian Commission shall require submission of a draft of I ..
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 .. Ian Commission may require a submission of a draft of I
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.
(g) Easements. 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.
(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.
27
a (i) A Detailed Site Analysis per the following:
1) Purpose: The detailed site analysis required by this Section is designed to provide the
clear identification of Permanently 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.
reauired Preliminarv Plat documents for any and all properties containing
2) When required: A detailed site analysis shall be performed in coniunction with
(a) Permanently protected natural resource areas defined as required protected areas
(b) All environmental corridor components and areas identified by the adopted
under State or Federal regulations,
Comprehensive Plan and/or by the Southeast Wisconsin Regjonal Plannina
Commission.
3) Description: The detailed site analysis shall be shown on a maD ofthe subject property
which depicts the location of all protected natural resource areas and environmental
corridor 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 followinq
reauirements:
(a) Scale: A minimum scale of one-inch eauals 200 feet shall be used unless
otherwise approved by the Director of Planning or his desimee prior to
submittal:
not contain steep slopes. For such UroDerties. topopraphic information with a
minimum contour interval of two feet is reauired.
31.(3)(i)(2) above, shall be accurately outlined and clearly labeled. Particular
care as to clarity shall be taken in areas where different resource twes overlaD
with one-another.
(d) Development Pads: All site disruption (including selective cutting) proposed to
occur within permanently protected natural resource areas shall be limited to
development pads except as reauired to remove non-native or undesirable
species as identified in an approved Management Plan for the site.
Development pads shall be deuicted on the detailed site analysis map, and
Preliminan, Plat of Subdivision.
4) Site disruption activities shall not compact soil covering tree roots. or otherwise
(b) Topography: Tooographic information is not reauired for any propem, that does
(c) Specific Natural Resources Areas: All areas subiect to the provisions of Section
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 ofearth. and collision damage to vegetation intended for protection. Such
barriers should be placed no closer to protected trees than a point on the mound
directly under their outer canopy edge. The use of on site temporary construction
simage is also highly recommended.
provisions of this Ordinance shall be depicted on the detailed site analysis map with
notations provided which describe the mitigation techniaues emploved.
5) Mitigation Areas: All mitigation areas, and they areas they offset, related to the
2a
6) Reauired Procedure for Submission and Review ofDetailed Site Analysis
(a) Reauired Timing of Submission: The detailed site analysis map shall be
submitted to the Director of Planning or his designee for review concurrent with
the submission of the Preliminary Plat of Subdivision. 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 andlor general
approval of the concept plan indicate the approval of natural resource feature
locations.
submitted detailed site analysis map for general compliance with this Ordinance.
Such review may include data sources including but not limited to the followink
examples:
1) The Official Zoning Map;
21 Amlicable USGS 7.5 minute topomphic maps for the City of Muskego and
its environs or other USGS Ouads and sources of topographic information
3) Air photos of the subiect propertv;
4) Applicable FEMA and related floodplain maps;
5) Apdicable Federal and State Wetland Inventory Maps;
6) The City of Muskego Comprehensive Plan; and
71 Ofticial Street System Map
8) Site visits.
(b) Review by City: The Planning Director or his designees shall review the
7) Modification of Detailed Site Analysis Map: If necessary. as determined by Plan
Commission, revised detailed site analysis maDs shall be prepared and submitted for
review until a version is deemed acceptable.
8) Internation ofDetailed 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 ween space areas. and
reauired 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 any proposed Final Plat of Subdivision.
fi) A Surety in a form approved by the Finance CommiKee. Said surety shall be provided to
secure the replacement of all trees with calipers exceeding six (6) inches. whose canooies
are located adjacent to disturbed areas. which die within a period of five years followina
site disruption, and to secure the restoration of all mitigation areas identified on the
Detailed Site Analysis.
29
e =Conservation Subdivisions shall include the following additional information:
1. Inventow and mappine of existing resources including the following maoped at a
scale of no less than one inch eauals 50 feet:
a. Topoaraphic contours at 2- foot intervals.
b. United States Department OfAariculture. Natural Resource Conservation Service
soil twe locations and identification of soil fype characteristics such as
aaricultural capabilitv, depth to bedrock and water table. and suitability for
wastewater disposal systems. Type and stabilitv ofbedrock should also be noted.
particularlv in karst areas and areas with hiah votential for proundwater
contamination due to fiactured bedrock or the presence of arsenic and mercury.
groundwater recharae and discharpe areas. wetlands. natural swales, drainage
wavs. and steep slopes.
and stand-alone trees with a caliper of more than six (6) inches measured four
feet offthearound. The inventory shall include comments on the health and
condition of the vegetation.
e. Current and past land use, all buildinas and structures on the land. cultivated
areas. brownfields, waste sites, and history of waste disposal vractices. paved
areas. and all encumbrances, such as easements or covenants.
c. Hydrolopic characteristics. includina surface water bodies, floodplains.
d. Land cover on the site, according to general cover type (pasture. woodland. etc.).
f. Known critical habitat areas for rare, threatened or endangered species
g. Views ofthe site. including views onlo the site from surrounding roads, public
areas and elevated areas, includina photographs with a map indicating the
location where the photogravhs were taken.
h. Uniuue aeoloaical resources, such as rock outcrops and glacial features.
i. Cultural resources: brief description of historic character of buildinas and
structures. historically important landscapes. and archeoloaical features. This
includes a review ofexistinn inventories, includina those the State Historical
Societv of Wisconsin maintains for historic buildings. archaeoloeical sites. and
burial sites.
30
I
Step 1. Inventory and rnaming of existing resources for a hypothetical 40 acre site.
2. Development yield analysis. The subdivider shall submit a table showing the
maximum number ofdwelling units that would be permitted under the City zoning
ordinance. consistent with the minimum lot size lot widths. set backs, and other
provisions of the zoning ordinance and compare it to the number of dwelling units
proposed. Land that is undevelopable because of other laws and ordinances that prohibit
development in certain areas (e. E. floodplains, wetlands, steep slopes. and drainage
ways) shall be excluded from the development yield analysis.
31
I
SteD 2 . Development yield as Demitted under existing ordinances (zoning. etc.) for the 40 acre site
assuming a 5 acre minimum lot size zoning standard. 8 lots would be permitted under this scenario
3. Site analvsis and concept plan. Using the inventory provided in section 3.2(1). the
develoment yield analysis provided in section 3.2 (2). and amlying the design standards
specified in section 4 of this ordinance, the subdivider shall submit a conceot plan
including at least the following information at a scale ofno less than one inch = 50 feet:
a. Open space areas indicating which areas are to remain undeveloped and frail
location.
b. Boundaries ofareas IO be developed and proposed general street and lot layout.
c. Number and twe 6. e.. sinele- family. multi- familv) ofhousing units Droposed.
d. Proposed methods for and location of water supplv. slormwater management le.
e. Inventory ofpreserved and disturbed natural features and orominent views.
g.. best manapemen1 practices). and sewage treatment.
32
g. Proposed merhods for ownership and manapement of open space.
Step 3 . Concept map of the Conservation Subdivision showing the 8 lots that would be permitted. pius
the historic farmhouse. which would be oreserved. for a total of 9 dwelling units.
4. General location map. The subdivider shall submit a map showing the general outlines
of existing buildings. land use. and natural features such as water bodies or wooded
areas, roads and property boundaries within 500 feet of the tract. This information may
be presented on an aerial photograph at a scale of no less than 1 inch: 400 feet.
5. A Management Plan for the restoration and long-term care of open space areas.
33
18.32 FINAL PLAT.
(1) 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
action is desired. In addition:
(a) The City Clerk or designee shall provide the plat and required copies to the City
.. Ian Commission at which
Planner, who shall, within 2 normal work days after filing, transmit 2 copies to the
Wisconsin Department of Agnculture, 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; the
Department of Commerce, 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 Departments of Agriculture, Trade and Consumer Protection
(DATCP), Transportation, Natural Resources and
Department of Commerce shall hereafter 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 Ian Commission, 7
copies to the Common Council and one copy each to the following City departments:
Building and Engineering, Utility, Public Works, Parks and Recreation (to be reviewed
by the City Park Board), Police, City Assessor, -Director of Building and
Em, 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 I an
Commission within 30 days from the date the plat is filed. The final plat shall then be
reviewed by the City
chapter and all ordinances, rules, regulations, comprehensive plans and comprehensive
plan components.
..
.. -
.. Ian Commission for conformance with this
(c) The Planning Department shall transmit 2 copies to the Wisconsin Natural Gas
Company and one copy each to the Wisconsin Electric Power Company, #&em&+
Ameritech, dcable television franchisee& and Muskego-
Norway School District for review and information concerning matters within their
jurisdiction. Their comments, if any, shall be transmitted to the
Commission within 30 days from the date the plat is filed.
.. Ian -
(d) The City .. Ian Commission is designated as the recommending agency
with respect to design and layout of the final plat under the provisions of 5 18.40 et seq.
and the Common Council is designated as the approving authority with respect to all
sections of tius chapter.
(e) The Wisconsin Departments of Agriculture, Trade and Consumer Protection (DATCP),
Transportation (WDOT), Natural Resources (DNR) and
Department of Commerce shall hereafter be referred to as
34
0
I
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 withm the corporate limits of the City. The Southeastern Wisconsin
Regional Planning Commission is an advisory planning agency created under 466.945,
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 .. Ian Commission shall examine the final plat as to its I
conformance with the approved preliminary plat; any conditions ofapproval ofthe
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.
(8) 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 .. Ian Commission or I
Common Council, the Subdivider may proceed with installation of subdivision
improvements after approval of the engineering plans by the -Director of
-, 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 -Director of Building and
Engineering, as a guarantee that such improvements will be completed by the I
Subdivider or his subcontractors not later than one year 60m the date of recording of
the plat and all obligations to subcontractors for work on the development are satisfied.
-Plan Commission or Common Council, the Subdivider creates a I
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.
(i) If after approval or conditional approval of the preliminary plat by either the PleR ..
0 (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
35
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
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
.. I an -
approval of the preliminary plat, the Common Council may refuse to approve the final
plat.
(b) - .. Ian Commission Action. The City .. Ian
Commission shall, within 30 days of the date of filing of the final plat with the City
Clerk or designee, recommend approval, conditional approval or rejection of the plat
and shall transmit the final plat and application along with its recommendations to the
Common Council.
- I
(c) Notification. The Common Council, afier 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
stated in the minutes of the meeting and a written statement of the reasons fonvarded to
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) Approval. 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.
(0 Recordation. AAer 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.
(g) Copies. The Subdivider shall file a reproducible mylar and 1 1 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.
0 (h) Installation of Improvements. Upon approval of the final plat from the .. -Ian Commission or Common Council, the Subdivider may proceed with
installation of subdivision improvements after approval of the engineering plans by the
36
-Director of Building and Engineering, Public Works and Public Utility 1
Committees, approval of all other applicable agencies and submittal to the City of
copies of all permits and letters of approval andor 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 G+hgmefDirector of Building and
Engineering, 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
mher 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 PleR .. GmmswKPlan Commission or Common Council, the Subdivider creates a I
substantial change to the subdivision layout, the City shall require the resubmittal of a
preliminary plat in conformance with 518.31(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
oroceed with submittal of a final ulat. 0 (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 5236.20, Wis.
Stats.
(b) Additional Information. The plat shall show correctly on its face, in addition to the
information required by 8236.20, 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
the guidelines in 518.43 of this chapter.
.. Ian Commission under 1
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
37
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 .. Ian Commission and any other I
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 environmentally significant lands.
9. Location, area, depth and type of soil absorption waste disposal system each building
site, if applicable.
10. Floodplain limits of the 100-year recurrence interval flood as determined the federal
flood insurance study or other technical document, or where such data is available,
the elevation shall be determined by a registered professional engineer and sealed
documents shall be approved by the G+hgmesDirector of Building and
Engineering. The contour line lying a vertical distance of 2' above the elevation of I
the 100-year recurrence interval flood where such data is not available, the elevation
shall be determined by a registered professional engineer and the sealed documents
approved by the -Director of Building and Engineering within exterior I
boundaries of the plat OT located within 100' therefrom.
Ian Commission or Engineer finds t I 1 1. Where the Common Council, ..
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
writing such information from the Subdivider,
12. Delineation of all wetlands and shorelandwetlands 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 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 survey map.
14. Location of soil percolation tests where required by @M=IRCOMM 85.06, Wis. Adm. I
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.
15. Location of all conservation easements, permanent open spaces. and special
restrictions including but not limited to deed restrictions. use limitations. and
maintenance ameements as depicted on the Detailed Site Analysis as amroved
concurrent with the Preliminary Plat.
38
(c) Survey Accuracy. The -Director of Building and Engineering-shall I
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 G++qpeeDirector of Buildina
and Engineering, such field checks as the -Director of Building and
Engineering may deem necessary or desirable for the accuracy and closure of survey,
the proper land an location of monuments and legibility and completeness of the
drawing.
1. The maximum error of closure before adjustment 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
comers 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 G&-&gmwDirector of
Building and Engineering's examination prior to approving the final plat. I
(d) Surveying and Monumenting.. Final plats shall meet all the surveying and
monumenting requirements of 5236.15, Wis. Stats.
(e) State Plane Coordinate SystemWhere 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 comers 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 5236.21, Wis.
Stats. In addition, the surveyor shall certify that he has fully complied with all the
provisions of this chapter.
39
(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
58236.21 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) Duplicate Plat Required. The Subdivider shall provide a duplicate reproducible copy of
the finallat on dimensionally stable polyester film to the City, with 11 folded blueline
copies- 3 !!?"-.
fi) A digital *.Dm file. *.DGN file, or *.DWG file of the final olat must be submitted to the Citv
prior to Citv signatures beina olaced uuon the olat (3-1/2" diskette or CD ROM) and all
information transmitted on the diskette or CD ROM shall be tied to and referenced to State
Plane Coordinates NGVD 1929 or others auoroved by the Director of Building and
Engineering,
18.33 MINOR LAND DIVISION.
(2JJ 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 "subdivision" as defined in § 18.08 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. (43) of this section.-
Certified survey maps may not be utilized to create Conservation Subdivision=
defined by this Ordinance.
(b)-hee@m Waiver of Survey Reauirement. When the parcels to be created by a land
division are 20 acres or more in area and are not intended for development, the PlttR
-Ian Commission may waive the requirement of a certified survey map.
(32) APPLICATION REQUIREMENTS. A preapplication conference similar to the I
consultation suggested in 5 18.20 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
-Ian Commission for approval, which shall be sufficient in detail to I
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 preliminary map or sketch by the City
Subdivider shall file IO copies of the certified survey map and the letter of application
..
..
.. Ian Commission, the I
40
with the City Clerk or designee 1 1 days prior to the
Meeting.
.. plan Commission 1
(42) CERTIFIED SURVEY MAP SUBMITTAL REQUIREMENTS. I (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 5236.34,
Wis. Stats. The minor land division shall comply with the design standards in
#Sections 18.40- through 18.46 of this chapter and the improvement requirements
in Sections 18.50 thou&-18.61 of this chapter.
2. A preliminary map or sketch shall be submitted to the City .. Ian
Commission for all tracts of land proposed to be divided in accordance with $-
Section 18.33 of this chapter.
-
(b) Required Information. The map shall show correctly on its face, in addition to the
information required by 5236.34, 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. All existing structures, including square footage and horizontal offset to existing
andlor 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 rooflop and south wall.
Ian
Commission which are more restrictive than the regulations of the zoning district -I in
which the plat is located or which are proposed by the Subdivider and are to be
included in recorded protective covenants.
8. Additional setbacks or building lines required by the City ..
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.
10. All lands reserved for future public acquisition.
1 1. Floodplain limits of the 1 00-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 G++yeeDirector of Building and
Engineering. 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
41
documents shall be approved by the -Director of Building and
Engineering within the exterior boundaries of the plat.
12. Easements shall be shown on the pdmmypk certified survey map 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 .. Ian Commission and any I
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.
(c) Additional Information.-The-Plan-€&mkskmCommission may-requirethat-the- I
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 .. an Commission in I
accordance with the guidelines in 418.43 of this chapter.
42
a 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 $&HRCOMM 85.06, Wis. Adm. I
Code, taken at the location and depth in whch 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 fk4hmmm Plan Commission may waive the requirement that the entire I ..
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.
7. A Detailed Site Analysis as described in Section 18,31(3)(i).
(d) State Plane Coordinate System. Where the map is located within a US. Public Land
Survey quarter section the comers of which have been relocated, monumented and
placed on the Wisconsin Plane Coordinate System by the Southeastern Wisconsin
Regional Planning Commission, Waukesha County or the City, the map shall be tied
directly to 2 or more of the section or quarter comers so relocated, monumented and
coordinated. The exact gnd 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 comer 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.
(e) Certificates. The surveyor shall certify on the face of the map that he has filly
complied with all the provisions of this chapter. The Common Council, after approval
by the
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 ownets certificate in substantially the same form as required by §236.21(2)(a),
Wis. Stats., shall be required.
.. Plan Commission and the recommendation by all reviewing I
2. All certified survey maps shall provide all the certificates required by 5236.21, Wis.
Stats.
(0 Recordation. The certified survey map shall be recorded with the county register of
deeds only after the certificates of the Common Council, Ian
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
.. -
43
Common Council. The City shall not permit the applicant, title company or any other
entity to record the certified survey map.
(g)-&pk&e Digital Map Required. ..
€it-)'. A digital '.DXF file. *.DGN file, or *.DWG file of the certified survey map be
submitted to the City prior to City signatures being placed upon the CSM (3-1/2"
diskette or CD ROM) and all information transmitted on the diskette or CD ROM shall
be tied to and referenced to State Plane Coordinates NGVD 1929 or others approved by
the Director of Building and Engineering.
(h) Plat Notations. Any notes required by the City shall be placed on the face ofthe CSM
prior to recording by the City.
(54) -LAN COMMISSION. The City Clerk or designee shall transmit
Ian Commission for 7 copies of the map and letter of application to the
their review and approval.
..
(65) RECOMMENDATIONS. The City Planing Department shall transmit a copy of the map
to all affected City departments and the -Director ofBuilding and
for their review and recommendations concerning matters within the
jurisdiction. The recommendation shall be transmitted to the
Commission within 11 days from the date the map is transmitted by the Planning
Department.
Commission shall approve, approve conditionally or reject the map within 45 days from lan/
the date of filing, unless time is extended by agreement with the Subdivider, and shall
transmit the map along with its recommendations to the Common Council.
.. Ian -
0 (763 -LAN COMMISSION APPROVAL. The ..
(82) COMMON COUNCIL APPROVAL. The Common Council shall approve, approve I
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.
(9s) RECORDATION. After the certified survey map has been approved by the Common 1
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.
(449) DISTRIBUTION OF COPIES. The Planning Department shall distribute 10 copies of
the certified survey map to the Subdivider, City Assessor, City Treasurer, €A+
EqgwefDirector of Building and Engineering, City Building Director and Utility
Superintendent and other affected departments for their files.
(IO) DESIGN STANDARDS. All Minor Land Divisions shall adhere to the Desim
Standards, Required Improvements. and Construction Standards for Conventional
Subdivisions. as found in Sections 18.40. 18.50 and 18.60 of this Ordinance. unless a
variance has been manted pursuant to Section 18.24 of this Ordinance.
44
18.34 EXTRATERRITORIAL PLATS AND CERTIFIED SURVEY MAPS. 0 When the land to be subdivided lies within 3 miles of the corporate limits of the City, the
Subdivider shall proceed as specified in §§18.30 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
filing a certified survey map.
.. Ian Commission prior to I
(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 responsible 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 with the land division ordinances of these agencies.
(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 a town board or any special improvement district in matters over which they have
jurisdiction, shall be met before filing of the final plat.
45
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 Subdivider or person wishing to
replat shall vacate or alter the recorded plat as provided in 4tj236.40 through 236.44, Wis.
Stats. The Subdivider or person wishing to replat shall then proceed as specified in
$518.30 through 18.32(2).
(2) The City Planner shall schedule a public hearing before the City ..
Commission when a preliminary plat of a replat of lands withn 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.
18.36 CONDOMINIUM PLATS.
A condominium plat prepared under 4703.1 1, Wis. Stats., shall be reviewed in the same manner
as a subdivision plat under $518.30 through 18.32 of this chapter.
46
DESIGN STANDARDS : CONVENTIONAL SUBDIVISIONS
18.40 STREETS.
(1) 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 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 development 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 5 18.08, 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
connect.
(b) Collector streets, as defined in 4 18.08, 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 18.08, 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 necessary to provide safe and
convenient access to abutting property.
(d) Proposed streets shall extend to the boundary lines of the tract being subdivided unless
prevented by topography or other physical conditions or unless the City PlttR
GemmsmPlan Commission 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.
..
(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 kontage 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.
47
(fl 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 §236.16(3), Wis. Stats., unless greater intervals and wider
access is agreed upon by the City W an Commission, the Wisconsin 1
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.
..
(8) 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 .. Ian Commission. I (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
Commission, Public Safety Committee and Police Department.
.. Ian - I (i) Access shall be provided in commercial and industrial areas for off-street loading and
service areas unless otherwise required by the .. Ian Commission. I
(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."
(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 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' fiom 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.
0 (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 I. below.
(b) Existing Rural Right-of-way. The suggested R.O.W. indicated above are for urban
sections; no nual 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 Street
100' (minimum) Arterial
Right-of-way Width
Collector
IO' Pedestrian Ways
60' Minor
80'
~ ~ ~~
-~ ""_ ." ,- ., ~ -~ .~ .~
Rural Street Right-of-way Width
Arterial
Collector 80'
~ ~ ~~
100' (minimum)
I Minor I 60'
(c) Other Requirements. 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%.
49
c. Minor streets, alleys and frontage streets: 10%.
d. Pedestrian ways: 12%. unless steps of acceptable design are provided.
e. The Grade of any street shall in no case exceed 12 % or be less than one-halfof
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.
(0 Roadway Elevations. Elevations of roadways passing through floodland areas shall be
designed in the following manner:
I. At least 2' above the 100-year recurrence interval flood elevation for arterial streets.
2. At least 2' above the IO-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 Replacement Bridges 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 J?om 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.
@I) Radii of Curvature. When a continuous street centerline deflects at any one point by
more than 1 OD, 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'.
a 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,
(b) The number of intersections along arterial streets and highways shall be held to a
preferably not more than 2.
minimum. Wherever practicable the distance between such intersections shall not be
less than 1200'.
(c) Properly 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 I4aff
€kmwaenPlan Commission, or shall be cut-off b a straight line through the points of
tangency of any arc having a radius of M5'
(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.
handicapped individuals or vehcles shall be provided in accordance with §66.09096+6, 1
Wis. Stats.
..
0 (e) On all streets where sidewaks are required, ramps or openings to accommodate
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.
(I) 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 10' in width may be required where deemed necessary by
the City
circulation between the individual lots, streams, lake shores, park lands or other public
areas or may be required near the center and entirely across any block where deemed
essential by the City
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.
.. Plan Commission to provide safe and convenient pedestrian 1
.. Ian Commission to provide adequate pedestrian 1
0 (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 reserved or laid out for commercial or industrial use shall be
51
'0 adequate to provide for off-street service and parking required by the use contemplated
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 LOTS.
The size, shape and orientation of lots shall be appropriate for the location of the subdivision and
for the type of development and use contemplated. 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.
(2) DOUBLE FRONTAGE AND REVERSE FRONTAGE. Double f?ontage and reverse
frontage lots shall be prohibited except where necessary to provide separation of
residential development hm through trafiic 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.
0 (4) AREA AND DIMENSIONS. (Ord. #I016 - 03-02-00) 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 OCCUTS, except where land divisions within the OLS
Lakeshore Overlay District or OED Existing Development Overlay District, which are
proposed after March I, 2000 shall conform to the area and dimension requirements of the
underlying zoning district. The Common Council determines these provisions are
necessary to preserve the public health, safety, and morals because:
(a) The area and dimension bonuses provided for the OLS and OED zoning districts were
intended to accommodate the nature of existing developments, the majority of which
pre-date the establishment of zoning codes. The area and dimension bonuses provided
by these overlay districts are not intended to perpetuate high density development
opportunities.
(b) The provisions of the OLS Lakeshore Overlay District and OED Existing Development
Overlay District would otherwise permit high density development opportunities which
are in conflict with the adopted Comprehensive Plans, which call for residential
densities not to exceed 2.9 dwelling units per acre on 15,000 square foot lots. The
allowance for 10,000 square foot lots in the OLS overlay district and 11,250 square
foot lots in the OED overlay district have the effect of raising permitted densities to
unacceptable levels.
In addition to the area and dimension requirements above, 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 COMM 83, Wis. Adm. Code, and administered by Waukesha County.
52
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
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
.. Ian Commission may require such parcels to be arranged I
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. Comer 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.
(1 1) 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.
(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
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
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.
.. Ian Commission, if under I
.. - Ian
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0 (2) Shorelandwetland and isolated wetland setbacks, in adhtion to those required by the City
Zoning Code, may be required by the .. Ian Commission.
18.44 SPECIAL RESTRICTIONS.
Special restrictions which are appropriate to the location or design of the land division may be
required by the Ian 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 prohbition of structures and vegetative
clearing in environmentally significant lands.
..
18.45 EASEMENTS.
(1) UTILITY. The .. Ian Commission may require utility easements of I
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 -Director of Building and Engineering; and parallel streets 1
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 -Director of Building and Engineerin?. All easements shall I
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 each land division€bp4&, due consideration shall be given to the I
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 9- 18.1 1 of- this chapter. If not so designated, I
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
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
.. Ian Commission, either dedicate open space lands designated on the 1
.. Ian Commission shall, at the time of reviewing the preliminary plat I
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 or certified survey map is presented I
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 by plat or certified survey map, the public I
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 Civs 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 by dat or certified survey map, the
proposed public open space lands shall be made a part of the plat pr certified survey
=and reserved at the time of final plat or certified survey ma0 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
~~
the signing and recording of a certified survey map. or final &at ofthe subdivision. or
part thereof 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. lf the proposed E&&WWW+ land division does not encompass a . ..
proposed public park, parkway or other open space lands or if the City PlttR
Gmmswd'lan 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 certified survey man or 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 or certified survey man 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) Unplatted 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
55
proposed dwelling unit or potential dwelling unit for park sites. Such payment shall be
required prior to final plat or certified survey map approvali if the area is included on a
subdivision plat or certified survey map; or prior to the issuance of a building permit; if
the fee has not been paid as part of the &landdivision review and approval process.
In the alternative, the Ian 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.
..
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0 REQUIRED IMPROVEMENTS : CONVENTIONAL SUBDIVISIONS I
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, G&y
hgweDirector of Building and Engineering, 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 4 18.72 of this
chapter.
I
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 -Director of Building and
-.
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 Director of Building and Engineering. I
(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 -Director of Building and Engineering. The Subdivider shall grade the 1
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 SURFACING.
AAer 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 -Comprehensive - "or adopted I
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 -Director of Building and Engineering and adopted by
the Common Council or its authorized agents. The second lift of asphalt shall &be installed
57
18.54 CURB AND GUTTER 0 The Common Council may require the Subdivider to construct concrete curb and gutters in
accordance with plans and standard specifications approved by the City Public Works
Committee, Public Utilities Committee, upon the recommendation of the -Director
of Building and Engineering 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- determined based upon policies established from time to time
by the Public Works Committee.
18.55 S€" RECREATION TRAILS AND PEDESTRIANWAYS.
(1) The .. Ian 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 subdivision. The construction of all
sidewalks or off road paths shall be in accordance with plans and standard specifications I
adopted by the Common Council.
€emms~Mlan Commission and Common Council in the vicinity of schools, I
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.
(2) Wider than standard sidewalks or off road paths may be required by the ..
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:
(1) All subdivisions and minor land divisions within the adopted sanitary sewer service area
shall be provided with public sanitary sewer facilities. unless a waiver is manted bv the
Public Utilities Committee in accordance with the procedures of Chaoter 21 of the
Municipal Code.
(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 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
58
0 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. All storm water drainage facilities shall be constructed in accordance with Chaoter
34 of the Municipal Code. k++t&&w ..
WThe Subdivider shall assume the cost of installing all storm sewers within the proposed
subdivision or minor land division, 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
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.
#Copies of all DNR and U.S. Army Corps of Engineer permits shall be submitted to the
City prior to any construction OT disturbances of lad. 0
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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 distribution facilities to be installed in such a
manner as to make adequate water service available to each lot withm 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 and minor land divisions within the water supply service area of the City 1
shall be provided public water supply and distribution facilities or community well
facilities. unless a waiver is manted by the Public Utilities Committee.
(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
I
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.
(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.
(1) 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 or minor land division. No such electrical, telephone or cable television I
service shall be located on overhead poles. In addition, plans indicating the proposed
location of all such utilities shall be approved by the -Director of Building
and Engineering.
(2) All new electric or communication lines fiom which lots are individually served shall be
installed underground withm all newly platted subdivisions or minor land divisions unless
the
facilities can be served directly from existing overhead facilities. Associated equipment
and facilities whch are pertinent to underground electric and communications systems,
including but not limited to substations, pad-mounted transformers, pad mounted
sectionalizing switches and pedestal-mounted 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.
.. Ian Commission shall find that the lots to be served by such
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18.60 STREET LAMPS, SIGNS AND TREES. @ (I) STREET LAMPS AND POLES. The Subdivider shall pay to thecty the cost to install
street lamps and lamp poles of a design approved by the -Director of Building
and EnEineering, 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. On all streets the subdivider shall plant one large street tree for each 50' of frontage, or
one small street tree for each 30' of kontage on all streets proposed within and adjacent to
the subdivision. All street trees shall be located within an easement dedicated for street
tree purposes, 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 City Planning Department
shall maintain a list of approved street trees for small and large planting areas.
I
B. Street Tree planting shall be completed in accordance with the Plans and Specifications
approved by the Plan Commission, and shall be warranted by Subdivider for 12 months
following initial planting.
0 C. The lot owner shall be responsible for all street tree maintenance following the initial
planting and 12 month warranty period required of the Subdivider.
D. Subdivider shall submit a bond in an amount determined by the City Engineer to cover
the costs of trees, planting, and maintenance for 12 months following initial planting. The
bond shall be in effect for 18 months following initial planting and shall not be reduced or
released until all required trees have been inspected by the City and deemed to be in a
healthy and flourishing condition. Trees determined by the City to be dead or dying shall
be replaced one (1) time at Subdividers full expense.
18.61 IMPROVEMENT OF EXISTING HALF-STREETS.
Where a subdivision 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
benefited properties.
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,e CONSTRUCTION STANDARDS : CONVENTIONAL SUBDIVISIONS I
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, US. ACOE,
Waukesha County pr other such agency have been received
by the City and -Director of Building and Engineerings. Inspection fees shall be
required to be filed as specified in 818.14 of this chapter.
18.71 BUILDING PERMITS.
(1) PERMITS REQUIRED. No building 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 rehsed entry after presentation of identification, he shall procure a
special inspection warrant under $963.10, Wis. Stats., except in cases of emergency,
when he shall have the immediate right of entry.
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 ".Director of Building and Engineering, Public Works Department, Utility
Department, Planning Department and the Mayor's sewe&yQfi&. The site grading and
erosion control plan shall be forwarded to the Soil Erosion Control Inspector. The
deadline for submittal
be established from time to time bv policy of the Public Works Committeefftee(iRg,
.. -I shall
(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 -Director of Buildink
and Engineering, Public Works Department, Utility Department, Building Department or
any City committee without first being processed through the Planning Department.
(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.
62
e (5) Any preliminary meeting between the -Director of Building and Engineering 1
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 -Director of Buildinp and Engineering.
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 &om the reviewers shall be forwarded to the
Planning Department with copies to the applicant. The Planning Department shall be the
coordinator of plan review.
I
(7) Each copy of the plans shall have a drawing and/or revision date in order for it to be
accepted and routed for review.
(8) The Planning Department will transmit the full set of "final" constructiodimprovement
plans to the GtyhgmwDirector of Building and Engineering. The Gty hgwe~p will transmit to the outside approving I
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 WylhgmwDirector of Building and Engineering is received. I
(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.
(10) Once the City committees and outside approving agencies provide written approval, the
applicant may schedule a preconshuction meeting through the Mayor's secretary.
18.73 REQUIRED 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 -Director of Building and Engineering before construction or installation of I
improvements is authorized:
(I) 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
63
a vegetation (fences, tree wells, etc.) shall be prepared and such plans shall generally follow
the guidelines and standards set forth in the publication, US. 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,
(8) Additional special plans or information as required.
vines, shrubs and trees.
18.74 INSPECTION.
The Subdivider, prior to commencing any work within the subdivision, shall make arrangements
for a preconshuction meeting conducted by the GtyhgmewDirector of Building and
Engineering where all details regarding the installation of the required improvements shall be
presented and reviewed and shall include provisions for engineering inspection services. All
engineen& inspections shall be made by the -Director of Building and Engineering
or his designee. The approving authorities or their representatives and the -Director
of Building and Engineering or his designee 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 REQUIRED.
Within 30 days following the completion and acceptance by the -Director of
of all improvements, the Subdivider shall provide a duplicate
reproducible copy of all improvement plans. Sanitarv Sewer. Storm Sewer and water as-builts
shall be prepared by the -Director of Building and Engineering at the Subdivider’s
expense. including any costs necessary to update the City’s Geomaphic Information System..
18.76 EROSION CONTROL.
(1) 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:m 29 of thgk Municipal Code. ht&&en+ ..
0
64
(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
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 wood
chip surface.
.. Ian Commission, and shall be so 1
(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
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 Conservation Committee, the State District Fish and Game
Managers and the State District Forester by the City Erosion Control Inspector or City
-Ian Commission as they deem appropriate. .. I
EXISTING FK" FEATURES. The Subdivider shall make every effort to protect and I
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) Temporary vegetation and mulching shall be used to protect critical areas and
permanent vegetation shall be installed as soon as practical.
(b) Construction at any given time shall be confined to the smallest practical area and for
the shortest practical period of time.
65
e (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. I
I
66
I
I
I
l
e
DESIGN STANDARDS : CONSERVATION SUBDIVISIONS
18.80 LAND SUITABILITY. No land shall be developed which is held to be unsuitable for
any proposed use if identified as being environmentally sensitive. Areas identified as
being environmentally sensitive include, but are not limited to:
1. All areas mapped as Floodplain by the Federal Emergency Management Agency
JFEMA), Wisconsin Department of Natural Resources. or other public or orivate entitv.
2. All wetlands as defined in NR 103.02(5) of the Wisconsin Administrative Code,
3. All areas within 1501 feet of the ordinary high- water mark of navigable streams and
4. All areas having slopes meater than twelve 1121 percent.
5. Areas that are known to provide habitat for rare, threatened or endangered species.
6. Burial sites and Indian mounds.
7. Drainage ways that contain running water during spring runoff. during storm events or
when it rains. A twenty five 1251 foot buffer from the edge of the drainage way shall be
included. Areas determined to be environmentally sensitive may be included as
common open space in a Conservation Subdivision but shall not be included in the
development yield analysis. These lands shall be identified as an outlot or other
desimation that indicates the land is not available for development.
including a fifty 1501 foot buffer.
lakes. as identified by the Director of Planning or his designee.
18.81 DEVELOPMENT YIELD. The number of residential units for a parcel shall be
determined in accordance with the following:
1. The development yield analysis in section 18:31(3)(i) shall establish the base
development yield for the parcel.
2. The base development density may be increased if the development complies with one
or more of the following standards. Each standard provides a development yield bonus
of 151% in addition to the base development yield:-
i. Creating an endowment where the Drincipal would generate sufficient annual
interest to cover the conservation easement holder’s yearlv costs (taxes. insurance,
maintenance. enforcement, etc.).
facilities, excluding golf courses.
themes. including but not limited to those sites inventoried by the State Historical
Society of Wisconsin.
Plan.
ii. Providing for access by the Peneral public to trails. parks. or other recreational
iii.Reusing existing buildings and structures which incorporate rural or araarian
iv.Preservation of Environmental features identified in the adopted Conservation
v. Restores native prairie and provides a management plan for perpetual maintenance.
vi.hDroves water quality by through stormwater management standards and practices
which exceed the minimum standards of Chapter 34 of the Municipal Code, and
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a as aporoved by the Director ofBuilding and Engineering and the Public Works
Committee.
vii. Provides a minimum 75 foot setback and natural buffer from all environmental
features identified in the adopted Conservation Plan.
by the Wisconsin Department of Natural Resources. the Director of Building and
Engineerina. and the Public Works Committee.
I viii. Enhances the functional classification of wetlands using techniques approved
I
For parcels less than eight (80) acres in area, the maximum bonus permitted is [IS%]. For
parcels eidW (80) acres or greater in area, the maximum bonus oermitted is 120%1. All
development yield bonuses shall be calculated to the nearest one-hundreth. In cases where
the total combined development yield bonus results in a fraction , all such fractions shall
be rounded up to the next whole number.
18.82 PERFORMANCE STANDARDS.
1. General Consideration. Conservation Subdivisions shall identify a conservation theme
or themes. This theme shall be identified at the time of the initial application.
Conservation themes may include, but are not limited to. forest stewardship. water
quality preservation. farmland preservation. natural habitat restoration. viewshed
preservation. or archaeological and historic properties preservation. The Plan
Commission shall have the ability to specifv which areas shall be oreserved. 0
2. Agricultural Use. If agricultural uses are DrODOSed to be maintained. lots shall be
configured in a manner that maximizes the useable area remaining for such agricultural
uses. with aDproDriate buffers between agricultural uses and residential structures.
3. Residential Lot Requirements. Residential parcels located within Conservation
Subdivisions shall conform to the COPD - Conservation Planned Overlay District 2onin.q
redations. and the followinK
a) Lots shall be in conformance with the design standards identified in Section 18.42
b) All lots and dwellings shall be grouDed into clusters of no more than twenty (20)
(1). 18:42 (2). 18:42 (3). and 18.42 (8).
dwelling units. Said clusters shall:
i. Be located to minimize negative impacts on the natural, scenic. and cultural
resources of the site. and minirnze conflicts between incompatible uses.
ii. Avoid encroaching on rare plant communities. high quality environmental
resources. or endangered resources as may be identified by the Wisconsin
Department of Natural Resources.
c) Lots shall be configured to minimize the amount of road length reuuired for the
subdivision.
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dj All lots shall abut open space on at least one side. A minor street may separate
e) Lots shall be oriented around one or more of the followin%
lots from said open space.
i. A central meen or open space.
ii. A physical amenity such as a meadow, stand of trees. or other natural or
restored feature.
4. Open Space Standards. Open space shall be designated as part of the development.
i. The minimum required open space is 50% ofthe gross acreage. Road rights-of-
ii. All open space shall be owned and maintained under one of the alternatives listed
iii. The uses within the open space shall be accessible to the residents ofthe
way shall not count towards open space requirements.
in I8:82(6). and as approved by the City.
development. These uses may also be available to the general public providing the
proper approvals are received. The required open space shall be undivided and
restricted in perpetuity from future development. as specified in Section 18:82(5).
iv. That portion of open space designed to provide plant and animal habitat shall be
kept as intact as possible. Trails shall be designed to avoid fragmenting these areas.
v. Accessible oDen mace in upland areas shall be available for recreational uses such
as trails, play fields, or community gardens but should be designed in a manner
that avoids adversely impacting archeological sites.
residents. and connecting these areas to neighborhood streets and to planned or
developed trails on adiacent parcels shall be identified in the plan.
vii. The following areas or structures may be located within the open space area and
shall be counted toward the overall open space percentage required:
i. Parking areas for access to and use of the open space developed at a scale
ii. Privately- held buildings or structures provided they are accesson, to the use of
iii. Shared septic systems and shared water systems.
vi. A pathway system connecting open space areas accessible to neighborhood
limited to the potential users of the open space.
the open space.
n Ownership and Mainentance of Common Areas. The desianated common open
space and common facilities may be owned and manaxed bv one or a combination of
the followine:
a. An incoroorated homeowners’ association. Membership in the association is
mandatory for all purchasers of homes in the development and their successors.
The homeowners’ association bylaws, waranteeing continuing maintenance of the
open space and other common facilities, and the declaration of covenants,
conditions and restrictions of the homeowners association shall be submitted for
approval to the City as part of the information required for the preliminan, plat.
Ownership Act, Chapter 703 of the Wisconsin Statutes. If the common open
b. A condominium association established in accordance with the Condominium
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space and facilities is to be held under the Condominium Ownership Act, Chapter
703 of the Wisconsin Statutes, the condominium instruments shall identify the
restrictions placed upon the use and eniovment of the common open sDace. All
common ouen space shall be held as a “common element” as defined in section
703.0 I( 2) of the Wisconsin Statutes.
c. A nonprofit conservation organization. If the common open space is to be held by
a nonprofit conservation organization. the organization must be acceptable to the
Citv of Muskego. The conveyance to the nonprofit conservation organization must
contain appropriate provisions for reversion in the event that the oraanization
becomes unwilling or unable to uphold the tens of the conveyance.
interest in real property. The City may accept the common open space provided
the common open space is accessible to the public and provided the Citv agrees to
and has access to maintain the common open space.
conservation easement.
d. The Citv of Muskego or another governmental body empowered to hold an
e. An individual who will use the land for open suace purposes as urovided by a
I. Right of Way widths and design standards shall be in conformance with design
standards identified in Section 18:4013) and 18:40 (4).
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18.90 REOUIRED IMPROVEMENTS : CONSERVATION SUBDIVISIONS
18.90 GENERAL.
All required improvements shall be constructed in accordance with plans and standard
specifications approved by the City Public Works Committee, Public Utilities Committee,
Director of Building and Engineering. 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 6 18.102 of this
chapter.
18.91 SURVEY MONUMENTS.
The Subdivider shall install survey monuments placed in accordance with the requirements of
Ch. 236.15. Wis. Stats. . and as may be reauired by the Director of Building and Engineering.
18.92 GRADING.
(1) Cut and filled lands shall be waded in accordance with the approved Dlans or the soils
anale of repose, whichever is the lesser. and an aptmoved cover shall be established within
30 days following completion of wading operations or such additional time period as may
be approved bv the Director of Building and Engineerin%
(2) The Subdivider shall wade the development pads and 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 iurisdiction. including the Wisconsin Department of Natural Resources,
upon the recommendation of the Director of Building and Enpineering. The Subdivider
shall made the roadbeds in the street rights-of-way to submade.
c31 Where electric and communication facilities are to be installed undermound. the utility
easements shall be maded to within 6" of final made 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.
18.93 SURFACING.
After the installation of all utility and storm water drainane improvements. the Subdivider shall
surface all roadways in streets proposed to be dedicated, to the widths prescribed by these
regulations and the adopted Comprehensive Plan or adoDted 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 Director of
Building and Engineering and adopted by the Common Council or its authorized agents. The
second lift of asphalt shall be installed in accordance with policies established from time to time
by the Public Works Committee.
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18.94 CURB AND GUTTER.
The Common Council may require the Subdivider to construct concrete curb and gutters in
accordance with plans and standard specifications approved bv the City Public Works
Committee. Public Utilities Committee, upon the recommendation of the Director of Building
and Engineering and adopted bv the Common Council or its authorized agents. Mountable curbs
shall generally be constructed.
18.95 RECREATION TRAILS AND PEDESTRIANWAYS.
(1) 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 subdivision. The construction of all sidewalks
and oaths shall be in accordance with plans and standard specifications adopted bv the
Common Council.
(2) Wider than standard sidewalks or paths 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.
18.96 SEWAGE DISPOSAL FACILITIES.
When private sanitary sewer facilities are proposed to serve a Conservation Subdivision. such
facilities may be located on the individual parcel serviced bv the facility, or may be located
within common open space areas subiect to recording proper easements for use and maintenance.
When public sanitary sewer facilities are available to the Conservation Subdivision. the
Subdivider shall construct sanitarv 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. unless a waiver has been manted by the Public Utilities
Committee in accordance with Chapter 21 of the Municipal Code.
(21 The Subdivider shall install sewer laterals to the street lot line for all lots.
(3) The size, twe and installation of all sanitarv sewers and sanitary sewer laterals proposed to
be constructed shall be in accordance with plans and standard specifications adopted bv
the Common Council.
14) The Subdivider shall assume the cost of installing all sanitaw 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 bv the Subdivider or adiacent landowner. In
addition. the Subdivider shall pay to the City a sanitaw sewer trunk line connection fee
based on the added cost of installing larper sewers in the total tributary drainage area
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I a which shall be prorated in proportion to the ratio which the total area of the Droposed plat
is to the total drainage area to be served by such larger sewers.
1
18.97 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,
temporaw sedimentation basins, and settling basins. All such facilities shall be of adequate size
and made to hvdraulicallv accommodate the maximum potential volumes of flow and shall be so
designed as to prevent and control soil erosion and sedimentation and to Dresent no hazard to life
or property. All storm water drainage facilities shall be conshucted in accordance with Chapter
34 of the Municipal Code
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 tributarv drainage areas lying outside of the DrODOSed 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 tributarv drainage area which shall be prorated in
proportion to the ratio which the total area of the proposed Dlat is to the total drainage area to be
served by such larger sewers.
Copies of all DNR and U.S. Army Corns of Engineer permits shall be submitted to the City prior
to any construction or disturbances of land.
I
0
18.98 WATER SUPPLY FACILITIES.
When private water supply and distribution facilities are proposed to serve a Conservation
Subdivision, such facilities may be located on the individual parcel serviced bv the facility. or
may be located within common open space areas subiect to recording proper easements for use
and maintenance.
When public water supply and distribution facilities are available to the Conservation
Subdivision, the Subdivider shall cause such water suoplv and distribution facilities to be
installed in such a manner as to make adeauate water service available to each lot within the
subdivision. The Subdivider shall make provision for adequate private water systems as required
bv 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 SUPDIY service area of the City shall be provided Dubiic
water SU~DIV 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. 0
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(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 aoproved 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 meater than 8 in diameter. The added cost of water mains neater
than 8" in diameter shall be borne by the City Water Utility.
18.99 OTHER IMPROVEMENTS.
(1) The Subdivider shall cause gas. electrical power. cable television and telephone facilities
to be installed in such a manner as to make adecluate 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 Director of Building and Engineering,
(2) All new electric or communication lines from which lots are individually served shall be
installed undernound 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 existin%
overhead facilities. Associated equipment and facilities which are oertinent to
undermound electric and communications systems. including but not limited to
substations, pad-mounted transformers, pad mounted sectionalizing switches and pedestal-
mounted terminal boxes may be located above ground. Any landscape screening plan
required for such above-mound equipment shall be submitted to the affected utilities for
aoproval.
(3) STREET LAMPS AND POLES. The Subdivider shall pay to the City the cost to install
street lamps and lamp poles of a design approved by the Director of Building and
Engineering, at each subdivision street which intersects an arterial or collector and at such
interior block spacing as may be required by the Common Council.
(4) SIGNS. The Subdivider shall pay to the City the costs for installing street signs of a
design approved by the City Suoerintendent of Public Works at the intersection of all
streets prooosed to be dedicated. which signs shall be provided and installed by the City.
(5) TREES. The Subdivider shall plant Street Trees in accordance with the reauirements of
Chapter 37 of the Municipal Code.
(6) IMPROVEMENT TO EXISTING HALF-STREETS. Where a Conservation Subdivision
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 paving 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 soecial assessments for the benefited
properties.
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CONSTRUCTION STANDARDS : CONSERVATION SUBDIVISIONS
18.100 COMMENCEMENT.
No construction or installation of improvements shall commence in a proposed Conservation
Subdivision until the final plat has been approved by the Common Council and approving
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
bv the City and Director of Building and Engineering. Inspection fees shall be required to be
filed as soecified in 618.14 of this chapter.
2
18.101 BUILDING PERMITS.
(1) PERMITS REQUIRED. No building 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
reauirements of this chapter have been met.
(2) INSPECTIONS. Citv 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, the inspector is refused entry after presentation of identification. he shall
procure a special inspection warrant under 6963.10. Wis. Stats.. except in cases of
emergency. when he shall have the immediate right of entry.
18.102 IMPROVEMENT PLAN APPROVAL PROCEDURE.
The following Drocedure shall be followed for all Conservation 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 Director of Building and Engineering. Public Works Department, Utility Department,
Planning Department and the Mayor's Office. The site grading and erosion control plan
shall be forwarded to the Soil Erosion Control Inspector. The deadline for submittal shall
be established bv policy of the Public Works Committee.
J21 In no case will plans be accepted without a developer's deposit.
(3) In no case will plans be accepted or reviewed bv the Director of Building and Engineerink
Public Works Department. Utility DeDartment. Building Department or any Citv
committee without first being processed through the Planning Department.
(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 ~lans, drainage ~lan, 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 previouslv approved.
(5) There will no longer be a review of so-called "prefinal" or "preliminary" construction
plans for review by only the Director of Building and Engineering. Preliminary plan
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0 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.
(6) Each COPY of the plans shall have a drawing and/or revision date in order for it to be
accepted and routed for review.
(7) The Planning Department will transmit the full set of "final" constructiodimprovement
plans to the Director of Building and Engineering. The Director of Building and
Engineering 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
wtilities, Public Works, Finance) if and only if a letter of approval by the Director of
Building and Engineering is received.
IS, It will be the applicant's responsibilitv to contact the Mayor's secretary. to confirm the
date. time and location of the respective committee meetinp,
(9) Once the City committees and outside approving agencies provide written approval. the
applicant may schedule a preconstruction meeting through the Mayor's secretary.
18.103 REQUIRED PLANS.
The following plans and accompanying construction suecifications 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 Director of Building and Engineering before construction or installation of improvements is
authorized:
(1) Street plans and profiles showine existing and proposed mades, elevations and cross
sections of required imDrovements.
(2) Sanitary sewer plans and profiles showing the locations, mades. sizes. elevations and
materials of reauired facilities.
(3) Stormwater management plans. calculations and profiles showing the locations. grades.
sizes. cross sections. elevations and materials of reauired facilities.
f4) Water main plans and profiles showing the locations. sizes. elevations and materials of
reauired facilities.
(5) Erosion and sedimentation control plans showinn those structures required to retard the
rate ofrunoff water and those mading and excavating practices that will minimize 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. 0 (6) Master site grading plan showing the finished mades of each lot in the subdivision.
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17) Planting plans showing the locations. age, caliper and species of any resuired masses.
vines. shrubs and trees.
(8) Additional special plans or information as required.
18.104 INSPECTION.
The Subdivider. prior to commencing any work within the subdivision, shall make arrangements
for a preconstruction meeting conducted by the Director of Building and Engineering where all
details regarding the installation of the required improvements shall be presented and reviewed
and shall include provisions for engineering inspection services. All engineering inspections
shall be made by the Director of Building and Engineering or his designee. The aoproving
authorities or their representatives and the Director of Building and Engineering or his designee
shall inspect and recommend for approval all completed work prior to release of the sureties and
acceptance of dedicated subdivision improvements.
18.105 AS-BUILT PLANS REOUIRED.
Within 30 days following the completion and acceptance by the Director of Building and
Engineering of all improvements. the Subdivider shall provide a duplicate reproducible CODY of
all improvement plans. Sewer and water as-builts shall be prepared by the Director of Building
and Engineering at the Subdivider's expense, including any cost necessary to update the Citv's
Geomaphic Information System (GIs).
18.106 EROSION CONTROL.
1. REQUIRED. The Subdivider shall cause all mading, excavations. open cuts. side slooes
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.
2. SHORELAND PLANTING AND SEDIMENT CONTROL. The Subdivider shall plant
those masses, 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:
fa) 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 made 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: Dreserve and improve scenic
aualities; and, during foliation. substantiallv screen any development from stream or
lake users. (See sub. (1) 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
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I
I
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 wood chip surface.
(d) Earth moving, such as nading. topsoil removal. mineral extraction. stream course
changine. road cutting, waterway construction or enlargement. removal of stream or
lake bed materials. excavation. channel. clearing, ditchinp drain tile laying. dredgina,
and lagooning. shall be so conducted as to prevent erosion and sedimentation and to
least disturb the natural fauna, flora. watercourse. water regimen. and topomaphv. (See
418.75 and sub. (1) ofthis section).
(e) Review of the conduct of such cuttinp 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 FEATURES. 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 absomtion 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 aades are altered. In addition:
(a) Temporary vegetation and mulching shall be used to protect critical areas and
permanent vegetation shall be installed as soon as practical.
/b) 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.
7a
SECTION 2: The several sections of this ordinance are declared to be severable. If
,'I) any section or portion thereof shall be declared by a decision of a court of competent
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.
" jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
PASSED AND APPROVED THIS - DAY OF ,2001
CITY OF MUSKEG0
@ A'TTEST.
David L. De Angelis, Mayor
First Reading:
Cover Ordinance Published on the
Clerk-Treasurer day of ,2001