ORD20031150.
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COMMON COUNCIL. CITY OF MUSKEGO
ORDINANCE 1150
AN ORDINANCE TO AMEND CHAPTER 17, SECTIONS 2.02 AND 6.01, AND
CHAPTER 18, SECTION 18.27 OF THE MUNICIPAL CODE OF THE CITY OF
MUSKEGO
(Adequate Public Facilities)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, W AUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1: Chapter 17, Section 2.02 of the Municipal Code of the City of Muskego,
Wisconsin is amended to add the following definitions:
Adequate Public Facilities: Utilities, Roads, and other infrastructure required by the
Municipal Code or policies of the Conunon Council, which are in place or planned for within
twenty-four (24) months, to serve the most suitable ultimate development of a property as
depicted in the adopted Comprehensive Plan.
Certificate of Adequate Public Facilities (CAPF, or Certificatel: Written determination
by the Planning Director or their designee that the requirements of this Chapter pertaining to
Adequate Public Facilities are achieved.
Development Plan: Materials required by Chapter 17, or Chapter 18, to be submitted for any
Building Site and Operation Plan, Preliminary Plat, Final Plat, Certified Survey Map, and / or
Conditional Use Grant application.
Public Facility: For purposes of this Chapter, shall mean roads, sanitary waste facilities,
potable water facilities, and drainage and storm water facilities.
SECTION 2: Chapter 17, Section 6.01(3) of the Municipal Code of the City of Muskego,
Wisconsin is hereby repealed and recreated as follows:
(3) Adequate Public Facilities.
A. Authority. This Section is adopted pursuant to 62.23(7)(a), (b), and (c) Wisconsin
Statutes. Said statutes include enabling legislation including, but not limited, to the
authority to "... facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements.. ."
B. Purpose. In order to prevent the improper development ofland which might pose a threat
to the health, safety, and welfare of the conununity at large, or the occupants of land in
particular areas of the City of Muskego, it is hereby declared that developments shall not
be approved unless certain public facilities are available or will be made available at
adequate levels to serve said developments. The purpose of this Section is to ensure that,
to the maximum extent practical, new developments will be approved only when it can
reasonably be expected that Adequate Public Facilities as defined herein, will be
available to acconunodate such new developments. No portion of this Section shall be
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interpreted or deemed to affect any rights which have been vested prior to the enactment
of this Code.
C. Certificate Required. No Building Site and Operation Plan, Preliminary Plat, Final Plat,
Certified Survey Map, or Conditional Use Grant shall be approved unless on the date of
such approval there exists a valid and current CAPF applicable to the project for which
approval is sought.
D. The following shall be exempt :trom Certification Requirements:
1. Rezoning petitions, provided that the requested rezoning is consistent with the
adopted Comprehensive Plan. All Common Council Ordinances approving such
rezonings shall state the following:
a. Upon enactment of the rezoning, a CAPF may be required before any
development of the subject lands is approved.
b. Approval of the rezoning provides no indication as to whether the CAPF will be
issued.
2. Final Plats of which a Preliminary Plat has been approved by the Common Council
prior to enactment of this Section, provided that said Preliminary Plat approval has
not expired.
3. Building Site and Operation Plans (BSOs) and Conditional Use Grants (CUGs)
approved by the Plan Commission prior to enactment of this Section, provided that
said approval has not expired.
4. Amendments to approved BSOs and CUGs provided that the Planning Director or
their designee has determined that said amendments will not increase the demand for
public facilities covered by this Section.
E. Automatic Certifications. The Planning Director or their designee is authorized to issue
an Automatic Certificate of Adequate Public Facilities for Applicants which meet the
following:
1. Small and Low Density Developments, where the Planning Director or their designee
has determined that all of the following criteria are met:
a. The Average Daily Traffic (ADT) will not increase more than 40.
b. Where within an adopted sanitary sewer service area, that sanitary sewer is
immediately available to adequately serve the property, or; Where outside of an
adopted sanitary sewer service area, that the Waukesha County Department of
Land Use has reviewed the proposal and determined that the subject lands are
suitable for a private on-site wastewater treatment system pursuant to Chapter
COMM 83 of the Wisconsin Administrative Code.
c. Where within an adopted Water Capacity Assessment District, that municipal
water is immediately available to adequately serve the property, or; Where
Ord. #1150 Page 3
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outside of an adopted Water Capacity Assessment District, that private on-site
potable water source is available pursuant to the requirements of Chapter NR812
of the Wisconsin Administrative Code.
d. The development is exempt from Chapter 34 of the Municipal Code, Storm Water
Management.
Automatic Certificates shall be exempt from the requirements of Section 17:6.01(3)F. of
this Code, but may be required to submit Application materials deemed necessary by the
Planning Director to make an exemption determination.
F. CAPF Application Procedure.
1. Materials Required. Applicants shall submit the following information to the
Planning Department for review and determination:
a. Complete application form provided by the Planning Department. No form
shall be deemed complete unless signed and dated by the Applicant and
property owner (if different).
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b. Eighteen (18) copies of the Development Plan for the proposed development
application for which the CAPF is requested. Said copies are in addition to
the materials as may be required by Chapters 17 and 18 of the Municipal Code
for the development.
c. Other information as may be requested in writing by the Planning Director or
their designee in order to assist in reviewing the application for CAPF.
d. Fees as adopted by the Common Council from time to time.
2. Summary of Procedure. The following shall be the general review process for an
Application for CAPF. The Finance Committee may establish additional policies
and procedures as deemed necessary from time to time in order to efficiently
administer the application process.
a. The Planning Director or their designee shall review the Application for
CAPF in conjunction with the Development Plan. Upon completion of staff
review and determination that the Application is complete and in an
approvable form, the Application shall be forwarded to the Committees and
Commissions having jurisdiction over components of said Application,
including but not limited to the Public Utilities Committee, Public Works
Committee, and Plan Commission, in accordance with the adopted Developers
Procedure Guide, as may be amended from time to time. Development Plans
which are eligible for Automatic Certifications pursuant to Section
17 :6.0 I (3)E. shall be processed administratively by the Planning Director or
their designee.
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b. The Committees and Commissions of jurisdiction shall review the Application
and staff recommendations. Said Committees and Commissions shall either
recommend approval, recommend conditional approval, recommend denial, or
Ord. #1150 Page 4
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shall refer the matter back to the Planning Director or their designee for
additional information, or to address specific concerns.
c. Upon the Application's receipt of recommendation for approval, conditional
approval, or denial, the Application and Development Plan shall be forwarded
to the Common Council via the minutes of the Committee or Commission.
d. Applications forwarded to the Common Council shall not require individual
action and shall be approved by Council acceptance and / or filing of the
minutes of the Committee or Commission. Following said approval, the
Planning Director or their designee shall issue the written Certificate of
Adequate Public Facilities.
G. Determining Adequate Public Facilities. The determination of Adequate Public Facilities
shall be made in accordance with the following criteria:
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1. Streets. The Development's street system shall connect to segments of the public
roadway system. Said street segments shall be capable of handling projected traffic
flow on an Average Daily Traffic (ADT) and peak hour basis. The Developer is
responsible for providing any Traffic Impact Analysis and related studies to the
satisfaction of the Public Works Committee. For purposes of this Section, a street
shall be deemed "adequate" where projected traffic flow is not reduced below "C" for
arterial and collector streets, and "C-minus" on local and minor streets, and the plans,
specifications, and said traffic analysis have been approved by the Public Works
Committee prior to or concurrent with the CAPF recommendation.
2. Wastewater Facilities. The Development's wastewater facilities shall be designed
with adequate capacity to accommodate the type and flow from the proposed
development, as well as any upstream development which may flow through the site
in question. For purposes of this Section:
a. Developments within the City's adopted Sanitary Sewer Service Area and / or
Reserve Capacity Assessment District shall be deemed to have "adequate"
wastewater systems when connected to the municipal collection system in
accordance with adopted design standards for municipal sanitary sewer systems,
and plans and specifications relating thereto are approved by the Public Utilities
Committee prior to or concurrent with the CAPF recommendation. Developments
within the City's adopted Sanitary Sewer Service Area and / or Reserve Capacity
Assessment District may use the provisions of Section 17:6.01(3)G.2.b. upon
receipt of a waiver from the Public Utilities Committee, as described in Section
17:6.01(3)K.2. of this Ordinance. .
b. Developments located outside of the City's adopted Sanitary Sewer Service Area
and / or Reserve Capacity Assessment District shall be deemed to have
"adequate" wastewater systems when:
. i. Single use systems designed in accordance with Chapter CO:MM 83 of the
Wisconsin Administrative Code are approved by the Waukesha County
Department of Parks and Land Use.
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ii. Engineering systems for multiple users designed in accordance with Chapter
COMM 83 of the Wisconsin Administrative Code are approved by the
Waukesha County Department of Parks and Land Use and where the
ownership and maintenance duties of said engineered system are conveyed to
a private trust or the City of Muskego by separate document, and where plans
and specifications relating thereto are approved by the Public Utilities
Committee prior to or concurrent with the CAPF recommendation.
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3. Potable Water. The Development's potable water supply shall provide sufficient
capacity for the proposed level of occupancy. For purposes of this Section:
a. Developments within the City's adopted Water Capacity Assessment District
Area shall be deemed to have "adequate" potable water systems when connected
to the municipal distribution system in accordance with adopted design standards
for municipal water systems, and plans and specifications relating thereto are
approved by the Public Utilities Committee prior to or concurrent with the CAPF
recommendation. Developments within the City's adopted Water Capacity
Assessment District may use the provisions of Section 17:6.01(3)G.3.b. upon
receipt of a waiver from the Public Utilities Committee, as described in Section
17:6.01(3)K.3. of this Ordinance.
b. Developments located outside of the City's adopted Water Capacity. Assessment
District shall be deemed to have "adequate" potable water systems when:
. i. Single use systems designed in accordance with Chapter NR8l2 of the
Wisconsin Administrative Code are approved by the Waukesha County
Department ofparks and Land Use.
ii. Engineering systems for multiple users are designed in accordance with
Chapter NR811 of the Wisconsin Administrative Code are approved by the
Wisconsin Department of Natural Resources and approved by the City of
Muskego Utility Committee, and where the ownership and maintenance duties
of said engineered system is conveyed to a private trust or the City of
Muskego by separate document, and where plans and specifications relating
thereto are approved by the Public Utilities Committee prior to or concurrent
with the CAPF recommendation.
4. Drainage Svstems and Storm Water Management. The Development's drainage
systems and storm water management appurtenances shall be designed to convey
runoff in accordance with Chapter 34 of the Municipal Code and Chapter 13 of the
Milwaukee Metropolitan Sewerage District regulations. For purposes of this Section:
a. Developments subject to Chapter 34, Storm Water, meet the requirements
established by that Chapter, and plans and specifications relating thereto are
approved by the Public Works Committee prior to or concurrent with the CAPF
recommendation.
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b. Developments exempt from Chapter 34, Storm Water have grading and drainage
plans approved by the Building Inspection / Engineering Director or their
designee prior to or concurrent with the CAPF recommendation.
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. H. Grant of Certificate. Upon recommendation by all Committees and Commissions of
jurisdiction, and the Common Council acceptance of their minutes, the Planning Director
or their designee shall issue written fmdings which:
1. Determine that Adequate Public Facilities are present, or
2. That Applicant will take actions to make adequate public facilities present within the
time frame established by Section 17:6.01(3)1.
And shall issue the written Certificate of Adequate Public Facilities within ten (10) days
of said fmdings. S.aid Certificate shall include any conditions required by the approvals
of the Committees and Commissions of jurisdiction, and shall include the Certificate's
expiration dates as depicted in Section 17:6.01(3)1.
1. Expiration. A Certificate of Adequate Public Facilities issued pursuant to this Chapter, in
which the petitioner has not commenced construction activity or preparation of the land,
are valid for the following period of time, commencing the date of the Common Council
acceptance and / or filing of minutes of all Committees and Commissions of jurisdiction:
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Tvoe of Develooment Months Valid:
Building Site and Operation Plan 24 months
Conditional Use Grant 24 months
Preliminary Plat 24 months
Certified Survey Map 6 months
Condominium Plat 6 months
Final Plat 6 months
J. Time Extensions. The Common Council may grant one or more time extensions to any
approved CAPF, provided that such time extension coincides with a time extension or
reapproval is concurrent with a time extension or reapproval authorized for the
Development by Chapter 18, Land Division, and / or this Code.
K. Waiver of Certificate. In the event an Application does not establish that Adequate Public
Facilities will be present pursuant to the 17:6.01(3)G. of this Code, and Applicant does
not propose to provide Adequate Public Facilities, approval of the Application may occur
upon the Common Council's expressed findings by Resolution that one or more of the
following apply:
1. Due to the nature of the proposed Development, its occupants and the general
citizenry of the City of Muskego will not be endangered, and the inadequacy of the
particular Public Facility will not pose a threat to the health, safety, or general welfare
of the citizens of Muske go.
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2. Where the Development is within the adopted Sanitary Sewer Service Area and / or
Reserve Capacity Assessment District, and it is not economically feasible to extend
Municipal sanitary sewers to serve a development, adequate facilities are provided
pursuant to Section 17:6.01(3)G.2.b.,
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3. Where the Development is within the adopted Water Capacity Assessment District
and it is not economically feasible to extend Municipal water mains to serve a
development, adequate facilities are provided pursuant to Section l7:6.0l(3)G.3.b.,
L. Fees. The Common Council may establish fees to be charged to Applicants for CAPFs.
Said fees shall be established by Resolution from time to time as deemed necessary by
the Common Council.
SECTION 3: Chapter 18, Section 18.27 of the Municipal Code of the City of Muskego,
Wisconsin is created as follows:
18.27 ADEQUATE PUBLIC FACILITIES REQUIRED
All land divisions subject to this Chapter shall obtain a Certificate of Adequate Public Facilities
as required by Section l7.6.oI(3)F., or a Waiver of Certificate as permitted by Section
l7:6.0l(3)K. of the Zoning Code.
SECTION 4: The several sections of this Ordinance are declared to be severable. If any section
or portion thereof shall be declared by a decision of a court of competent jurisdiction to be
invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or
portion thereof directly specified in the decision, and not affect the validity of all other
provisions, sections, or portion thereof of the Ordinance which shall remain in full force and
effect. Any other Ordinance whose terms are in conflict with the provisions of this Ordinance are
hereby repealed as to those terms that conflict.
SECTION 5: This ordinance shall be in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS 14th October ,2003. DAY OF
CITY OF MUSKEGO
/1tdLRÞ~ Mark A Slocomb, Mayor
ATTEST:
~"1~ C( r -Treasurer
First Reading: 9/23/03
Second Reading 10114/03
Published on the 23rd day of October, 2003
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