ORD20071244COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1244
AN ORDINANCE TO AMEND CHAPTER 18, SECTIONS 18.08, 18.21(5), 18.23, 18.26, 18.27,
18.31 (3)(i)(2)c, 18.31 (3)(i)i[3)d, 18.31 (3)(1)2, 18.33(3)f, 18.42(.~), 18.46(2)c, 18.50, 18.72(8-10),
18.81(2),18.82(1 and 3) l~ (4),18.90,18.102(7-9) OF THE MUNICIPAL CODE OF THE CITY
OF MUSKEGO
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS
FOllOWS:
SECTION 1: The City of Muskego is recreating the existing Chapter 17 Zoning Code and
certain code references require changes to match the new Chapter 17 Code Sections. Further,
other revisions to land diviBion codes are desired by the Planning Department at this same time
in order to conform to policy.
SECTION 2: A Public HE!aring was held regarding the proposed amendments on December
11, 2006 in front of the Common Council.
SECTION 3: Chapter 18, SE~ctions 18.08, 18.21(5), 18.23, 18.26, 18.27, 18.31 (3)(i)(2)c,
18.31 (3)(i)(3)d, 18.31 (3}(~.}2, 118.33(3)f, 18.42(4), 18.46(2)c, 18.50, 18.72(8-10), 18.81 (2),
18.82(1 and 3) & (4), 18.90, 18.102(7-9) of the Municipal CodE~ of the City of Muskego is hereby
amended to read as follows:
18.08
SUBDIVISION, CONSERVATION. A housing development constructed under the
auspices of the CPO Conservation Planned Development Zoning District, in a rural
setting comprised of at I,east five residential parcels situated on no less than fifteen (15)
acres, that is characteri;z:ed by compact lots and common open space, and where the
natural features of I:he land are maintained to the greatest extent possible.
18.21(5)
PROPORTIONATE PAYMENT IN LIEU OF DEDICATION. (Ord. #1166 - 06-03-2004,
shall apply to land divisions formally submitted by Certified Survey Map or Preliminary
Plat on or before June 1:3, 2006)
18.23
Removed EXISTING SY8S1rANDARD LOTS.
18.26
WOODED AREAS AND NATURAL TREE SETTINGS.
Heavily wooded areas s,hould be preserved insofar as possible by use of conservancy
easements, reservations, dedications, and as otherwise allowed by law. The Subdivider
shall not remove trees in anticipation of a land division until final subdivision approval is
received. Each tree E!xc:eeding six inches diameter at 4.5 feet above the ground that is
removed in preparation for development shall be' replaced on a 1 to 1 ratio.
Replacement tree~i shall be of species approved by the City Forester and measure
between 1.5 inchE!s and 2.5 inches in trunk diametør at one foot above ground. If
complete tree mitination is not feasible within the subject subdivision development the
City may require tree plantings within parks, conservation lands, street rights-of-way, or
other publicly-owned lands or require payment to a reforestation fund at a rate
commensurate with planting said mitigation trees
Ordinance #1244 Page 2
18.27
ADEQUATE PUBLIC FACILITIES REQUIRED
All land divisions subject to this Chapter shall obtain a Certificate of Adequate Public
Facilities or a Waivm of Certificate as found in the Chapter 17 Zoning Code.
18.31 (3)(i)(2)c
Any other quality e,nvirol1mental lands as determined by the Planning Director or City
Forester.
18.31 (3)(i)(3)d
Development Pads: All site disruption (including selectivle cutting) proposed to occur within
permanently protected natural resource areas shall be limited to development pads except
as required to remOVE~ non-native or undesirable spe(;ies as identified in an approved
Management Plan for tht~ site. Development pads shalll be depicted on the detailed site
analysis map, and Preliminary Plat of Subdivision. Where site disruption occurs in
forested areas, a trl~e survey may be required so that the Conservation Commission and
Planning Commission may adequately make recommendations to what forest areas must
be permanently pmtectHd by easement or dedication (Tree survey should show the
species and size of all trees affected that are 6 inch caliper or larger).
18.31 (3)(1)2
Development yield amllysis. The subdivider shall submit a table showing the maximum
number of dwellin!~ uniits 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 cClmpare it to the number of dWI~lIing units proposed. Land that is
undevelopable because of other laws and ordinanc:es that prohibit development in
certain areas (e. g. floc'dplains, wetlands, steep slopes, and drainage ways) shall be
excluded from the development yield analysis, however, some undevelopable lands can
be allowed as easements on lots within the DevelopmEmt Yield Analysis as long as build
able area is found on E~a.ch parcel depicted.
18.33(3)f
Recordation. The certi1fied 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 plaGed on the face of the map. The map shall be recorded by the City
Clerk or designee within 6 months of its last approval by the Common Councilor re-
approval will be required. The City shall not permit the applicant, Title Company or any
other entity to recol"d the certified survey map.
18.42(4)
AREA AND DIMENSIONS. Area and dimensions of all lots shall conform to the
requirements of the City Zoning Code or zoning ordinance of the jurisdiction where the
land division occurs, excøpt where land divisions occur within the ERS Existing Suburban
Residence Districts or RL Lakeshore Residence Districts, which shall conform to the
area and dimension requirements of a new conforming district appropriate to the
surroundings as approv,ed by the Planning Commission and Common Council. The
Common Council determines these provisions are necessary to preserve the public
health, safety, and morals because:
(a) The area and dimensions provided for the ERS and RL 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 dimensions provided by these
districts are not intended to perpetuate high-density development opportunities.
Ordinance #1244 Page 3
(b) The provisions of the ERS Existing Suburban Residence Districts or RL Lakeshore
Residence Distric:ts would otherwise permit high density development opportunities
which are in conflict with the adopted Comprehensive Plans, which call for residential
densities not to e~xcl~ed 2.9 dwelling units per acre on 15,000 square foot lots. The
allowance for 10,000 square foot lots in the RL district and 11,250 square foot lots in
the ERS district have the effect of raising permitted densities to unacceptable levels.
In addition to tho area and dimension requirement::; 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.
18.46(2)c
Public Site Fee Option (Pertains to land divisions formally submitted by Certified Survey
Map or Preliminary Plat I:)n or before June 13, 2006). Ilf the proposed land division does
not encompass a proposed public park, parkway, open spaæ conservation site or other
open space lands or i1f the City Plan Commission requires the reservation of land under
par. (b) above conservation, conservation recreational trail and park dedication fees
shall be imposed.
18.50
All required improvements shall be constructed in acc:ordance 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 al1d approved in accordance with 9
18.72 of this chaptt~r. The improving of a dedicated roadway to City specifications must
follow the following guidelines:
(1) All land divisions which create new public ROW shall be required to improve, within
said ROW, a public road to City of Muskego specifications and detail drawings.
Should the road end with a permanent cul-de-sac, land must be dedicated per City
standards and th~ road constructed to City of Muskego specifications. Should the road
end with a future possible road extension, a temporalry cul-de-sac may be constructed
with a temporary easement, however, the size must be the same as a permanent cul-
de-sac. City of Muskego storm water management requirements must be met should
the improvements add more than one half of an acre of impervious surface. All
roadway, gradin~i, s1torm sewer, and stormwater plans must be reviewed by the City of
Muskego as required by Municipal Code. The following requirements vary by the size
of the parcels being divided:
A. Should a land division create parcels with an aVE~rage size of less than or equal to
40,000 square feet, the road shall be built to City Specifications that include curb &
gutter and storm St~wer.
B. Should a land divi::;ion create parcels with an average size of greater than 40,000
square feet, thE~ developer may choose to request a Public Works Committee
decision regard~n~1 the type of improvements required. The only option Public
Works Committee will consider other than curb & gutter section is ditch section
construction per City of Muskego specifications. Should this option be permitted,
the ditch sections shall be maintained by the de!veloper initially and ultimately the
homeowners association. Furthermore, thl~se restrictions outlining the
responsibility of t~lis maintenance shall be recorded in a Developer's Agreement
------ -------- ----- --- -- -- ---- --. ---
Ordinance #1244 Page 4
18.72(8-10)
(8)
(9)
(10)
approved the City's Common Council concurn~nt with the final land division
document.
C. Private driveways within newly created public ROW are not allowed under any
circumstance.
The Plannin~1 Department will transmit the full set of "final"
construction/improvement plans to the Engineering/Building Inspection Director.
The EnginE!ering/Building Inspection Director will transmit to the outside
approving a!~encies. Once the review is complHte, the Director will schedule the
plans for re\lieVlf by the appropriate committee (Utilities, Public Works, Finance) if
and only if a, letter of approval by the Engineering/Building Inspection Director is
received.
It will be thl~ applicant's responsibility to contact the City, to confirm the date,
time and locaticm of the respective committee meeting.
Once the City committees and outside approving agencies provide written
approval, the applicant may schedule a preconstruction meeting through the
Engineering Depélrtment.
18.81 (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) parc:el or 5% of the base development yield:
i.
II.
iii.
iv.
v.
VI.
vii.
viii.
Providing for aCCE!SS by the general public to trails, parks, or other recreational
facilities.,.
Reusing exiHting buildings and structures whit:h incorporate rural or agrarian
themes, including but not limited to those sites inventoried by the State Historical
Society of Wisconsin.
Preservation of Envimnmental features identified in the adopted Conservation Plan.
Restores nativle prairie and provides a management plan for perpetual
maintenance.
Improves water quality by through stormwater manalgement standards and practices,
that exceed the minimum standards of Chapter :34 of the Municipal Code, and, as
approved by th4~ Engineering/Building Inspection Director and the Public Works
Committee.
Provides a minimum 75-foot setback and naturéll buffer from all environmental
features identified in the adopted Conservation Plan.
Restores or enhancHs the functional classification of wetlands using techniques
approved by the lJSDA-NRCS, Wisconsin Department of Natural Resources, the
Conservation Coordinator.
Provides 70% or more of the gross acreage as open space in the development
(Rights-of-way, stormwater outlots, and platted private property shall not count
towards ope" space requirements).
For parcels less than I~ighty (80) acres in area, the maximum bonus permitted is the
greater of three (3) parGels or 15% of the base development density. For parcels eighty
(80) acres or greater in area, the maximum bonus permitted is the greater of four (4)
parcels or 20% of thl~ base development density. 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.
-- .- ---------------------------
Ordinance #1244 Page 5
18.82(1 and 3) & (4)
1. General Consideration. Conservation Subdivisions must 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 a!~ricultural uses are proposed to be maintained, lots shall be
configured in a manner that maximizes the useable ama remaining for such agricultural
uses, with appropriate buffers between agricultural uses and residential structures.
3. Residential Lot Requin3ments. Residential parce!ls located within Conservation
Subdivisions shall conform to the CPD - Conservation Planned District zoning
regulations, and the foillowing:
a) Lots shall be in conformance with the design standards identified in Section
18.42 (1), 18:42 (2), 18:42 (3), and 18.42 (8).
b) All lots and dwellings shall be grouped into clusters of no more than twenty (20)
dwelling unit:s. Salid clusters shall:
I. Be located to minimize negative impacts on the natural, scenic, and cultural
resourCBS of the site, and minimize conflicts between incompatible uses.
Avoid encroélching on rare plant communities, high quality environmental
resourCBS, or endangered resources as may be identified by the Wisconsin
Department of Natural Resources.
II.
a) Lots shall bE! configured to minimize the amount of road length required for the
subdivision.
b) All lots shall abut open space on at least one side. A minor street may separate
lots from said open space.
c) Lots shall be oriented around one or more of the, following:
I. A central greBn or open space.
II. A physk:al amenity such as a meadow, stand of trees, or other natural or
restorecl feature.
1. Open Space Standards. Open space shall be designated as part of the development.
I. The minimum rE!quired open space is 60% of the glross acreage less lands granted
for density bonuses as stated in Section 18.81 (2) of this Ordinance. Rights-of-way,
stormwater outlots, and platted private property shall not count towards open space
requirements.
18.90
GENERAL.
All required improvement!; 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 Sewera!;;Je District, as may be appropriate. Such plans and standard
specifications shall be submitted, reviewed and approved in accordance with 9 18.102 of this
chapter. The improving of a dedicated roadway to City specifiications must follow the following
guidelines:
Ordinance #1244 Page 6
(1) All land divisions which create new public ROW shall be required to improve, within
said ROW, a public: road to City of Muskego spe!cifications and detail drawings.
Should the road Emd with a permanent cul-de-sac, land must be dedicated per City
standards and the road constructed to City of Muskeglo specifications. Should the road
end with a future possible road extension, a temporary cul-de-sac may be constructed
with a temporary Basement, however, the size must be the same as a permanent cul-
de-sac. City of Muskego storm water management rl3quirements must be met should
the improvement~; add more than one half of an acre of impervious surface. All
roadway, grading, storm sewer, and stormwater plans must be reviewed by the City qf
Muskego as required by Municipal Code. The following requirements vary by the size
of the parcels being divided:
a. Should a land division create parcels with an average size of less than or equal to
40,000 square fe4~t, the road shall be built to City Specifications that include curb &
gutter and storm sewer.
b. Should a land divisìlon create parcels with an average size of greater than 40,000
square feet, the d4~veloper may choose to request a Public Works Committee
decision regarding the type of improvements n~quired. The only option Public
Works Comm Ittee will consider other than curb & gutter section is ditch section
construction per City of Muskego specifications. Should this option be permitted,
the ditch sectiDns shall be maintained by the developer initially and ultimately the
homeowners association. Furthermore, these restrictions outlining the
responsibility of this maintenance shall be recorded in a Developer's Agreement
approved the City's Common Council concurn3nt with the final land division
document.
c. Private driveways within newly created public ROW are not allowed under any
circumstance.
18.102(7 -9)
(7)
(9)
The Planningl Department will transmit the full set of "final"
construction/improvement plans to the Engineering/Building Inspection Director.
The Engine~ering/Building Inspection Director will transmit to the outside
approving auenciBs. Once the review is complHte, the Director will schedule the
plans for review by the appropriate committee (Utilities, Public Works, Finance) if
and only if a letter of approval by the Engineering/Building Inspection Director is
received.
It will be the applicant's responsibility to contact the City, to confirm the date,
time and 10c;:ltiCln of the respective committee meeting.
Once the Ci1y committees and outside approvin~~ agencies provide written
approval, the appliicant may schedule a preconstruction meeting through the
Engineering Depêlrtment.
(8)
SECTION 4: The several sl3ctions of this ordinance are d4~clared 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 une~nf()rceable, such decision shall apply only to the specific section or
portion thereof directly specifiE~d 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 ordinances 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.
Ordinance #1244
PASSED AND APPROVED THIS
ATTEST:
L
23rd DAY OF Januarv ,2007.
Page 7
CITY OF MUSKEGO
.~ '~ ~.
. [~rCil~ J h R. Johnson, Mayor
First reading: 12/1~U06
Deferred: 01/09/07
Published this 1st day of February, 2007
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CO\I'vll '>.;Iry æm ~r\\"-,r' \T'FR"
AFFIDAVIT OF PUBLICATION Or:j J.
0002647275
CITY OF MUSKEGO
PO BOX 0749
Muskeqo, WI 53150
Patti Guerrero hereby states that she lS authorized by Journal
Sentinel Inc. to certify on behalf of Journal Sentinel Inc., publisher
of Communi ty Newspap2r~3 , public newspapers of general circulation,
printed and pub1ishec in No Paper Assigned; Wê,S published in the My
Community Now on 2/1/2007; that said printed copy was taken from said
printed newspaper (s) .
~~.
State of Wisconsin)
) SS:
County of Milwaukee)
Subscribed and sworn before me this I' +~
l) day of F e\..:)[, '-,-(" " ..., , 2007 .
J
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(>-.. \-~ c~íL~-. \. -' ü.:::J::;)
My Commission Expires Lf-.~J-U -,
"",\';!; ß)~~~!~~~. Notary Public State o~ Wisconsin
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