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COMMON COUNCIL Packet 09052023CITY OF MUSKEGO COMMON COUNCIL AGENDA 09/05/2023 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER ROLL CALL STATEMENT OF PUBLIC NOTICE i"PSC4 of KEGO PUBLIC COMMENT City Residents and Taxpayers Only - Speakers will be limited to making comments related to all agenda items excluding closed session items relating to employment and labor issues. Comments will be limited to three minutes per speaker per agenda item. There will be no discussion by/with the Common Council during Public Comment. COMMUNICATIONS FROM THE MAYOR'S OFFICE PUBLIC HEARING To consider the repeal and re-creation of Section 386 (Floodplain Zoning) of the City of Muskego Municipal Code to incorporate changes mandated by the WI-DNR and the minimum standards of the National Flood Insurance Program (NFIP) through FEMA. This also includes the adoption of new Flood Insurance Study (FIS) documents and new floodplain maps for portions of the City. PH-Floodplain Code Amendments Ch 386.docx C Muskego_DNR draft ord 07262023 - Staff Updates Clean 08072023 FINAL.pdf CONSENT AGENDA Approval of Common Council Meeting Minutes - August 15, 2023 CCM.2023.08.15 draft.docx Voucher Approval Vouchers - Total Sheet.pdf Voucher Report - Alpha.pdf Resolution #053-2023 - Resolution of Eligibility for Exemption from the County Library Tax Levy for 2024 CCR2023.053-Library.docx County Library Tax Exemption Letter to Municipalities. pdf Resolution #054-2023 - Approval of Bond Reduction (Home Path Financial LP) CCR2023.054-Bond Reduction -Home Path Fin.docx Finance Memo - Home Path Financial LP Bond Reduction.docx L005-Cobblestone MNP.pdf Resolution #055-2023 - Approval of Letter of Credit Reduction (PHW Muskego, Inc.) CCR2023.055-LOC-PHW Muskego, Inc.docx Finance Memo - PHW Muskego, Inc LOC Reduction.docx LOC2 Presbyterian Homes.pdf Resolution #056-2023 - Approval of Vacant Land Purchase (Hillendale Drive) CCR2023.056-Vacant Land Purch (Hillendale).docx Finance Memo - City of Muskego to purchase of vacant land 11214 Hillendale Drive.docx Binder1-Appraisal Report.pdf Resolution #057-2023 - Approval of Reduction of Cash Deposit (Baseler) CCR2023.057-Cash Dep Red-Baseler.docx Common Council - Baseler Court cash reduction.docx LOC1-BaselerMNP.pdf NEW BUSINESS REVIEW OF COMMITTEE REPORTS Finance Committee Meeting Minutes - July 25, 2023 FCM.2023.07.25 Appr.pdf Committee of the Whole Meeting Minutes - July 25, 2023 COWM.2023.07.25 Appr.pdf FIRST READING OF ORDINANCES AND SECOND READING IF RULES ARE WAIVED Ordinance #1493 — An Ordinance to Repeal and Re -Create Chapter 386 of the Municipal Code of the City of Muskego (Floodplain Zoning) ORD2023.1493-Floodplain Zoning.docx Staffmemofor_Floodplain Code Changes.pdf C Muskego_DNR draft ord 07262023 - Staff Updates Clean 08072023 FINAL.pdf PH-Floodplain Code Amendments Ch 386.docx LICENSE APPROVAL Approval for Outside Dance Permit to T.J.'s Roundabout, LLC (d/b/a T.J.'s Roundabout) located at S102W19570 Kelsey Dr. for September 16, 2023 from 3 pm to 10:30 pm (Benefit) CITY OFFICIALS' REPORTS COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Updates from Aldermanic Liaisons Muskego Senior Taxi - Alderperson Hammel Muskego Festival Committee - Alderperson Schroeder Muskego Historical Society - Alderperson Kubacki Little Muskego Lake District - Alderperson Kapusta GFL Emerald Park Landfill Standing Committee - Alderperson Madden K FUTURE AGENDA ITEMS ADJOURNMENT NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE -STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE -STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, CONTACT MUSKEGO CITY HALL, (262) 679-4100. CITY OF MUSKEGO NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Common Council of the City of Muskego will hold a Public Hearing at 6:00 PM, or shortly thereafter, on Tuesday, September 5, 2023, at Muskego City Hall, W182 S8200 Racine Avenue, to consider the repeal and re-creation of Section 386 (Floodplain Zoning) of the City of Muskego Municipal Code to incorporate changes mandated by the WI-DNR and the minimum standards of the National Flood Insurance Program (NFIP) through FEMA. This also includes the adoption of new Flood Insurance Study (FIS) documents and new floodplain maps for portions of the City. Detailed descriptions of the information listed above are available for public inspection at the City of Muskego Community Development/Planning office. All interested parties will be given an opportunity to be heard. Plan Commission City of Muskego Publish in the Waukesha Freeman Newspaper on August 16, 2023 and August 23, 2023. Dated this 81h day of August, 2023. NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE -STATED MEETING AND GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE -STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. NOTICE "Please note that, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information or to request this service, contact the Planning Division at City Hall, W182 S8200 Racine Avenue, (262) 679-4136." 4 FLOODPLAIN ORDINANCE FOR CITY OF MUSKEGO TABLE OF CONTENTS Article I STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE, TITLE, AND GENERAL PROVISIONS....................................................................................................................4 386-1 STATUTORY AUTHORIZATION.....................................................................................................4 386-2 FINDING OF FACT.............................................................................................................................4 386-3 STATEMENT OF PURPOSE..............................................................................................................4 386-4 TITLE...................................................................................................................................................4 386-5 GENERAL PROVISIONS....................................................................................................................4 A. AREAS TO BE REGULATED...................................................................................................4 B. OFFICIAL MAPS & REVISIONS..............................................................................................4 C. ESTABLISHMENT OF FLOODPLAIN ZONING DISTRICTS................................................5 D. LOCATING FLOODPLAIN BOUNDARIES.............................................................................6 E. REMOVAL OF LANDS FROM FLOODPLAIN ........................................................................6 F. COMPLIANCE............................................................................................................................6 G. MUNICIPALITIES AND STATE AGENCIES REGULATED.................................................7 H. ABROGATION AND GREATER RESTRICTIONS.................................................................7 I. INTERPRETATION.......................................................................................................... 7 J. WARNING AND DISCLAIMER OF LIABILITY........................................................... 7 K. SEVERABILITY................................................................................................................8 L. ANNEXED AREAS FOR CITIES AND VILLAGES....................................................... 8 Article II GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICTS ..................................... 8 386-6 REVIEW OF PERMIT APPLICATIONS AND SUBDIVISION PROPOSALS.................................8 386-7 HYDRAULIC AND HYDROLOGIC ANALYSES.............................................................................8 386-8 WATERCOURSE ALTERATIONS....................................................................................................9 386-9 CHAPTER 30, 31, WIS. STATS., DEVELOPMENT..........................................................................9 386-10 PUBLIC OR PRIVATE CAMPGROUNDS.......................................................................................9 Article III FLOODWAY DISTRICT(FW).................................................................................................................11 386-11 APPLICABILITY.............................................................................................................................11 386-12 PERMITTED USES.........................................................................................................................11 386-13 STANDARDS FOR DEVELOPMENT IN THE FLOODWAY......................................................12 386-14 PROHIBITED USES........................................................................................................................14 Article IV FLOODFRINGE DISTRICT (FF).............................................................................................................14 386-15 APPLICABILITY.............................................................................................................................14 386-16 PERMITTED USES.........................................................................................................................14 386-17 STANDARDS FOR DEVELOPMENT IN THE FLOODFRINGE.................................................14 Article V OTHER FLOODPLAIN DISTRICTS.........................................................................................................17 386-18 GENERAL FLOODPLAIN DISTRICT (GFP)................................................................................17 386-19 FLOOD STORAGE DISTRICT.......................................................................................................18 Article VI NONCONFORMING USES......................................................................................................................19 386-20 GENERAL........................................................................................................................................19 386-21 FLOODWAY DISTRICT.................................................................................................................24 386-22 FLOODFRINGE DISTRICT............................................................................................................25 386-23 FLOOD STORAGE DISTRICTS.....................................................................................................25 6 ArticleVII ADMINISTRATION................................................................................................................................25 386-24 ZONING ADMINISTRATOR.........................................................................................................25 386-25 ZONING AGENCY..........................................................................................................................31 386-26 BOARD OF ADJUSTMENT/APPEALS.........................................................................................31 386-27 TO REVIEW APPEALS OF PERMIT DENIALS...........................................................................34 386-28 FLOODPROOFING STANDARDS.................................................................................................35 386-29 PUBLIC INFORMATION................................................................................................................36 ArticleVIII AMENDMENTS.....................................................................................................................................36 386-30 OBSTRUCTIONS OR INCREASES...............................................................................................36 386-31 GENERAL........................................................................................................................................36 386-32 PROCEDURES.................................................................................................................................36 Article IX ENFORCEMENT AND PENALTIES.......................................................................................................37 386-33 Violation and penalties......................................................................................................................37 ArticleX DEFINITIONS............................................................................................................................................37 386-34 Word Usage......................................................................................................................................37 386-35 Definitions.........................................................................................................................................37 7 Article I STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE, TITL AND GENERAL PROVISIONS 386-1 STATUTORY AUTHORIZATION This ordinance is adopted pursuant to the authorization in s. 61.35 and 62.23, for villages and cities; and the requirements in s. 87.30, Stats. 386-2 FINDING OF FACT Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare, and tax base. 386-3 STATEMENT OF PURPOSE This ordinance is intended to regulate floodplain development to: A. Protect life, health and property; B. Minimize expenditures of public funds for flood control projects; C. Minimize rescue and relief efforts undertaken at the expense of the taxpayers; D. Minimize business interruptions and other economic disruptions; E. Minimize damage to public facilities in the floodplain; F. Minimize the occurrence of future flood blight areas in the floodplain; G. Discourage the victimization of unwary land and homebuyers; H. Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain. 386-4 TITLE This ordinance shall be known as the Floodplain Zoning Ordinance for City of Muskego, Wisconsin. 386-5 GENERAL PROVISIONS A. AREAS TO BE REGULATED This ordinance regulates all areas of special flood hazard identified as zones A, AO, AH, Al-30, or AE on the Flood Insurance Rate Map. Additional areas identified on maps approved by the Department of Natural Resources (DNR) and local community may also be regulated under the provisions of this ordinance, where applicable. B. OFFICIAL MAPS & REVISIONS Special Flood Hazard Areas (SFHA) are designated as zones A, Al-30, AE, AH, or AO on the Flood Insurance Rate Maps (FIRMs) based on flood hazard analyses summarized in the Flood Insurance Study (FIS) listed in subd. (1) below. Additional flood hazard areas subject to regulation under this ordinance are identified on maps based on studies approved by the DNR and listed in subd. (2) below. These maps and revisions are on file in the office of the Public Works & Development Department, City of Muskego. (1) OFFICIAL MAPS: Based on the Flood Insurance Study (FIS): (a) Flood Insurance Rate Map (FIRM), panel numbers 55133C0337G, 55133C0341 G, 55133C0343G, 55133C0458G, and 55133C0478G dated 11 /05/2014; (b) Flood Insurance Rate Map (FIRM), panel numbers 55133C0339H, 55133C0342H,55133C0344H,55133C0361H,55133C0362H,55133C0363H, 55133C0364H,55133C0452H,55133C0454H,55133C0456H,55133C0457H, 55133C0459H,55133C0476H,55133C0477H,and 55133C0479H dated 10/19/2023; (c) Flood Insurance Study (FIS), volume numbers, for 55133CV001 D, 55133CV002D, 55133CV003D, 55133CV004D, and 55133CV005D dated 10/19/2023. Approved by: The DNR and FEMA (2) OFFICIAL MAPS: Based on other studies. Any maps referenced in this section must be approved by the DNR and be more restrictive than those based on the FIS at the site of the proposed development. (a) Blott (Linnie Lac) Dam Failure analysis approved by the Department of Natural Resources on March 27, 2001, including: [1] Map dated March 27, 2001, and titled 'Revised Floodplain Map March 2001'. [2] Floodway data table dated April 26, 1999, and titled 'Table 2- Jewel Creek Floodway Data'. [3] Flood profiles dated April 2, 1999, and titled 'Flood Profiles Jewel Creek'. (b) Muskego Dam Failure analysis approved by the Department of Natural Resources on January 3, 1992, including: [1] Map dated 1/19/2015 and titled 'Exhibit 1-Hydraulic Shadow Map Little Muskego Dam'. [2] Floodway data table dated March 28, 1991, and titled 'Table 1-Little Muskego Dam Failure Analysis Flood Wave Summary'. (c) Flood Storage Map, panel numbers 15 and 16, dated 10/19/2023, approved by the DNR. C. ESTABLISHMENT OF FLOODPLAIN ZONING DISTRICTS The flood hazard areas regulated by this ordinance are divided into districts as follows: (1) The Floodway District (FW), is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters, within AE Zones as shown on the FIRM, or within A Zones shown on the FIRM when determined according to s. 386-18E. (2) The Floodfringe District (FF) is that portion of a riverine special flood hazard area outside the floodway within AE Zones on the FIRM, or, when floodway limits have been determined according to s. 386-18E., within A Zones shown on the FIRM. (3) The General Floodplain District (GFP) is those riverine areas that may be covered by floodwater during the regional flood in which a floodway boundary has not been delineated on the FIRM and also includes shallow flooding areas 9 identified as AH and AO zones on the FIRM. (4) The Flood Storage District (FSD) is that area of the floodplain where storage of floodwaters is calculated to reduce the regional flood discharge. D. LOCATING FLOODPLAIN BOUNDARIES Discrepancies between the exterior boundaries of zones Al-30, AE, AH, or A on the official floodplain zoning map and actual field conditions may be resolved using the criteria in subd (1) or (2) below. If a significant difference exists, the map shall be amended according to Article VIII Amendments. The zoning administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The zoning administrator shall be responsible for documenting actual pre -development field conditions and the basis upon which the district boundary was determined. Disputes between the zoning administrator and an applicant over the district boundary line shall be settled according to s. 386-26C. and the criteria in (1) and (2) below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to s. Article VIII Amendments. (1) If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies. (2) Where flood profiles do not exist for projects, including any boundary of zone A or, AO the location of the boundary shall be determined by the map scale. E. REMOVAL OF LANDS FROM FLOODPLAIN (1) Compliance with the provisions of this ordinance shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to s. Article VIII Amendments. (2) The delineation of any of the Floodplain Districts may be revised by the community where natural or man-made changes have occurred and/or where more detailed studies have been conducted. However, prior to any such change, approval must be obtained from the Wisconsin Department of Natural Resources and Federal Emergency Management Agency. A completed Letter of Map Revision is a record of this approval. The floodplain administrator shall not sign a community acknowledgement form unless all criteria set forth in the following paragraphs are met: (a) The land and/or land around the structure must be filled at least two feet above the regional or base flood elevation; (b) The fill must be contiguous to land outside the floodplain; Applicant shall obtain floodplain development permit before applying for a LOMR or LOMR-F; (3) Removal of lands from the floodplain may also occur by operation of §87.30(1)(e), Wis. Stat. if a property owner has obtained a letter of map amendment from the federal emergency management agency under 44 C.F.R. 70. F. COMPLIANCE (1) No structure or use within areas regulated by this ordinance shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged, or altered without full compliance with the terms of these regulations 10 and all other applicable regulations that apply to uses within the jurisdiction of these regulations. (2) Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Article IX. (3) Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications, or amendments thereto if approved by the Floodplain Administrator. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Article IX. G. MUNICIPALITIES AND STATE AGENCIES REGULATED Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if s. 13.48(13), Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when s. 30.2022, Stats., applies. Although exempt from a local zoning permit and permit fees, DOT must provide sufficient project documentation and analysis to ensure that the community is in compliance with Federal, State, and local floodplain standards. If a local transportation project is located within a Zone A floodplain and is not a WisDOT project under s. 30.2022, then the road project design documents (including appropriate detailed plans and profiles) may be sufficient to meet the requirements for issuance of a local floodplain permit if the following apply: The applicant provides documentation to the Floodplain Administrator that the proposed project is a culvert replacement or bridge replacement under 20' span at the same location, the project is exempt from a DNR permit under s. 30.123(6)(d), the capacity is not decreased, the top road grade is not raised, and no floodway data is available from a federal, state, or other source. If floodway data is available in the impacted area from a federal, state, or other source that existing data must be utilized by the applicant in the analysis of the project site. H. ABROGATION AND GREATER RESTRICTIONS (1) This ordinance supersedes all the provisions of any municipal zoning ordinance enacted under s. 62.23 for cities or s. 87.30, Stats., which relate to floodplains. A more restrictive ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise. (2) This ordinance is not intended to repeal, abrogate, or impair any existing deed restrictions, covenants, or easements. If this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. INTERPRETATION In their interpretation and application, the provisions of this ordinance are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this ordinance, required by ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance. J. WARNING AND DISCLAIMER OF LIABILITY The flood protection standards in this ordinance are based on engineering experience and research. Larger floods may occur, or the flood height may be increased by man-made or natural causes. This ordinance does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. This ordinance does 11 not create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this ordinance. K. SEVERABILITY Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected. L. ANNEXED AREAS FOR CITIES AND VILLAGES The Waukesha County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements of ch. NR 116, Wis. Adm. Code and 44 CFR 59-72, National Flood Insurance Program (NFIP). These annexed lands are described on the municipality's official zoning map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the municipal zoning administrator. All plats or maps of annexation shall show the regional flood elevation and the floodway location. Article II GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICTS 386-6 REVIEW OF PERMIT APPLICATIONS AND SUBDIVISION PROPOSALS The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding and assure that all necessary permits have been received from those governmental agencies whose approval is required by federal or state law. A. If a proposed building site is in a flood -prone area, all new construction and substantial improvements shall: (1) be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) be constructed with flood -resistant materials; (3) be constructed by methods and practices that minimize flood damages; and (4) Mechanical and utility equipment must be elevated to or above the flood protection elevation. B. If a subdivision or other proposed new development is in a flood -prone area, the community shall assure that: (1) such proposed subdivision or other proposed new development is consistent with the need to minimize flood damage within the flood -prone area; (2) public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and (3) adequate drainage is provided to reduce exposure to flood hazards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this ordinance and all other requirements in s. 386-24B. 386-7 HYDRAULIC AND HYDROLOGIC ANALYSES A. No floodplain development shall: `V (1) Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, causing any increase in the regional flood height; or (2) Cause any increase in the regional flood height due to floodplain storage area lost. B. The zoning administrator shall deny permits if it is determined the proposed development will obstruct flow or cause any increase in the regional flood height, based on the officially adopted FIRM or other adopted map, unless the provisions of Article VIII Amendments are met. 386-8 WATERCOURSE ALTERATIONS No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department and FEMA regional offices, and required the applicant to secure all necessary state and federal permits. The standards of s. 386-7 must be met and the flood carrying capacity of any altered or relocated watercourse shall be maintained. As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to Article VIII Amendments, the community shall apply for a Letter of Map Revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process. 386-9 CHAPTER 30, 31, WIS. STATS., DEVELOPMENT Development which requires a permit from the Department, under chs. 30 and 31, Stats., such as docks, piers, wharves, bridges, culverts, dams, and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodplain zoning ordinance are made according to Article VIII Amendments. 386-10 PUBLIC OR PRIVATE CAMPGROUNDS Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions: A. The campground is approved by the Department of Agriculture, Trade and Consumer Protection; B. A land use permit for the campground is issued by the zoning administrator; C. The character of the river system and the campground elevation are such that a 72-hour warning of an impending flood can be given to all campground occupants; D. There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the floodplain zoning agency or zoning administrator, the municipal emergency government coordinator and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at -risk parties, and the methods and personnel responsible for conducting the evacuation; E. This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated - by the officials identified in sub. D - to remain in compliance with all applicable regulations, including those of the state Department of Agriculture, Trade and Consumer Protection and all other applicable regulations; All mobile recreational vehicles placed on site must meet one of the following: 13 (1) Be fully licensed, if required, and ready for highway use; or (2) Not occupy any site in the campground for more than 180 consecutive days, at which time the recreational vehicle must be removed from the floodplain for a minimum of 24 hours; or (3) Meet the requirements in either Article III, Article IV, or s. 386-18 for the floodplain district in which the structure is located; A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick -disconnect utilities and security devices and has no permanently attached additions. G. All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit consistent with 386-1 OF. and shall ensure compliance with all the provisions of this section; H. The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section; I. The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued; and J. All service facilities, including but not limited to refuse collection, electrical service, gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation; and K. Standards for structures in a campground: (1) All structures must comply with section 386-10 or meet the applicable requirements in Article III, Article IV, or s. 386-18 for the floodplain district in which the structure is located; (2) Deck/landing-a portable landing may be allowed for a camping unit for each entry provided that the landing is not permanently attached to the ground or camping unit, is no more than 200 square feet in size, shall be portable, contain no walls or roof, and can be removed from the campground by a truck and/or trailer. Sections of such portable landings may be placed together to form a single deck not greater than 200 square feet at one entry point. Provisions for the removal of these temporary landings during flood events must be addressed within the written agreement with the municipality compliant with section 386-1 OD. Any such deck/landing structure may be constructed at elevations lower than the flood protection elevation but must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood. (3) Decks/patios that are constructed completely at grade may be allowed but must also comply with applicable shoreland zoning standards. (4) Camping equipment and appurtenant equipment in the campground may be allowed provided that the equipment is not permanently attached to the ground or camping unit, is not used as a habitable structure, and must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood. Provisions for the removal of this equipment during flooding events shall be addressed within the written agreement with the municipality 10 14 compliant with section 386-10D. (5) Once a flood warning in the written agreement has been issued for the campground, the campground owner or the designated operator shall ensure that all persons, camping units, decks, camping equipment and appurtenant equipment in the campground shall be evacuated within the timelines specified within the written agreement with the municipality compliant with section 386- 10D. L. A land use permit shall be obtained as provided under 386-24B. before any development; repair, modification, or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated. Article III FLOODWAY DISTRICT (FW) 386-11 APPLICABILITY This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to s. 386-18E. 386-12 PERMITTED USES The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District, if: • they are not prohibited by any other ordinance; • they meet the standards in s. 386-13 and 386-14; and • all permits or certificates have been issued according to s. 386-24. A. Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture, and wild crop harvesting. B. Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips. C. Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap, and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of s. 386-13D. D. Uses or structures accessory to open space uses or classified as historic structures that comply with s. 386-13 and 386-14. E. Extraction of sand, gravel or other materials that comply with s. 386-13D. F. Functionally water -dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with chs. 30 and 31, Stats. G. Public utilities, streets and bridges that comply with s. 386-13C. H. Portable latrines that are removed prior to flooding and systems associated with recreational areas and Department -approved campgrounds that meet the applicable provisions of local ordinances and Ch. SPS 383, Wis. Adm. Code. I. Public or private wells used to obtain potable water for recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR 812, Wis. Adm. Code. 15 Wastewater treatment ponds or facilities permitted under s. NR 110.15(3)(b), Wis. Adm. Code. K. Sanitary sewer or water supply lines to service existing or proposed development located outside the floodway that complies with the regulations for the floodplain area occupied. 386-13 STANDARDS FOR DEVELOPMENT IN THE FLOODWAY A. GENERAL (1) Any development in the floodway shall comply with s. 386-6 and have a low flood damage potential. (2) Applicants shall provide an analysis calculating the effects of this proposal on the regional flood height to determine the effects of the proposal according to s. 386- 7 and 386-24B.(3). The analysis must be completed by a registered professional engineer in the state of Wisconsin. (3) Any encroachment in the regulatory floodway is prohibited unless the data submitted for subd. 386-13A.(2) above demonstrates that the encroachment will cause no increase in flood elevations in flood events up to the base flood at any location or removes the encroached area from the regulatory floodway as provided in s. 386-5E. B. STRUCTURES Structures accessory to permanent open space uses, including utility and sanitary facilities, or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria: (1) Not designed for human habitation, does not have a high flood damage potential and is constructed to minimize flood damage; (2) Shall either have the lowest floor elevated to or above the flood protection elevation or shall meet all the following standards: (a) Have the lowest floor elevated to or above the regional flood elevation and be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water and completely dry to the flood protection elevation without human intervention during flooding; (b) Have structural components capable of meeting all provisions of Section 386-13B.(7) and; (c) Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Section 386-13B(7). (3) Must be anchored to resist flotation, collapse, and lateral movement; (4) Mechanical and utility equipment must be elevated to or above the flood protection elevation; and (5) Must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood. 12 16 (6) For a structure designed to allow the automatic entry of floodwaters below the Regional Flood Elevation, the applicant shall submit a plan that meets s. 386- 13B.(1) through 386-13B.(5) and meets or exceeds the following standards: (a) The lowest floor must be elevated to or above the regional flood elevation; (b) a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (c) the bottom of all openings shall be no higher than one foot above the lowest adjacent grade; openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters, otherwise must remain open. (d) The use must be limited to parking, building access or limited storage. (7) Certification: Whenever floodproofing measures are required, a registered professional engineer or architect shall certify that the following floodproofing measures will be utilized, where appropriate, and are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regional flood: (a) Reinforcement of floors and walls to resist rupture, collapse, or lateral movement caused by water pressures or debris buildup; (b) Construction of wells, water supply systems and waste treatment systems so as to prevent the entrance of flood waters in such systems and must be in accordance with provisions in Sections 386- 14D. and 386-14E.; (c) Subsurface drainage systems to relieve external pressures on foundation walls and basement floors; (d) Cutoff valves on sewer lines or the elimination of gravity flow basement drains; and (e) Placement of utilities to or above the flood protection elevation. C. PUBLIC UTILITIES, STREETS AND BRIDGES Public utilities, streets and bridges may be allowed by permit, if: (1) Adequate floodproofing measures are provided to the flood protection elevation; and (2) Construction meets the development standards of s. 386-7. D. FILLS OR DEPOSITION OF MATERIALS Fills or deposition of materials may be allowed by permit, if: (1) The requirements of s. 386-7 are met; 13 `IN (2) No material is deposited in navigable waters unless a permit is issued by the Department pursuant to ch. 30, Stats., and a permit pursuant to s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable, and all other requirements have been met; (3) The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and (4) The fill is not classified as a solid or hazardous material. 386-14 PROHIBITED USES All uses not listed as permitted uses in s. 386-12 are prohibited, including the following uses: A. Habitable structures, structures with high flood damage potential, or those not associated with permanent open -space uses; B. Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life; C. Uses not in harmony with or detrimental to uses permitted in the adjoining districts; D. Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Department -approved campgrounds that meet the applicable provisions of local ordinances and ch. SPS 383, Wis. Adm. Code; E. Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR 812, Wis. Adm. Code; F. Any solid or hazardous waste disposal sites; G. Any wastewater treatment ponds or facilities, except those permitted under s. NR 110.15(3)(b), Wis. Adm. Code; and H. Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied. Article IV FLOODFRINGE DISTRICT (FF 386-15 APPLICABILITY This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to s. 386-18E. 386-16 PERMITTED USES Any structure, land use, or development is allowed in the Floodfringe District if the standards in s. 386-17 are met, the use is not prohibited by this, or any other ordinance or regulation and all permits or certificates specified in s. 386-24 have been issued. 386-17 STANDARDS FOR DEVELOPMENT IN THE FLOODFRINGE Article II shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of Article VI Nonconforming Uses; A. RESIDENTIAL USES 14 18 Any structure, including a manufactured home, which is to be newly constructed or moved into the floodfringe, shall meet or exceed the following standards. Any existing structure in the floodfringe must meet the requirements of Article VI Nonconforming Uses; (1) All new construction, including placement of manufactured homes, and substantial improvement of residential structures, shall have the lowest floor elevated to or above the flood protection elevation on fill. The fill around the structure shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. No area may be removed from the floodfringe district unless it can be shown to meet s. 386-5E. (2) Notwithstanding s. 386-17A.(1), a basement or crawlspace floor may be placed at the regional flood elevation if the basement or crawlspace is designed to make all portions of the structure below the flood protection elevation watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. No floor of any kind is allowed below the regional flood elevation; (3) Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in subd. (4). (4) In developments where existing street or sewer line elevations make compliance with subd. (3) impractical, the municipality may permit new development and substantial improvements where roads are below the regional flood elevation, if: (a) The municipality has written assurance from police, fire and emergency services that rescue, and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or (b) The municipality has a DNR-approved emergency evacuation plan that follows acceptable hazard mitigation planning guidelines. B. ACCESSORY STRUCTURES OR USES In addition to Article II, new construction and substantial improvements of Accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation. C. COMMERCIAL USES In addition to Article II, any commercial structure which is erected, altered, or moved into the floodfringe shall meet the requirements of s. 386-17A. Subject to the requirements of s. 386- 17E., storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property. D. MANUFACTURING AND INDUSTRIAL USES In addition to Article II, any manufacturing or industrial structure which is erected, altered, or moved into the floodfringe shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in s 386-28. Subject to the requirements of s. 386-17E., storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property. E. STORAGE OF MATERIALS Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish, or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with s. 386-28. Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding. 15 19 PUBLIC UTILITIES, STREETS AND BRIDGES All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans; and (1) When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of such facilities shall only be permitted if they are designed to comply with s. 386- 28. (2) Minor roads or non -essential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation. G. SEWAGE SYSTEMS All sewage disposal systems shall be designed to minimize or eliminate infiltration of flood water into the system, pursuant to s. 386-28C., to the flood protection elevation and meet the provisions of all local ordinances and ch. SIPS 383, Wis. Adm. Code. H. WELLS All wells shall be designed to minimize or eliminate infiltration of flood waters into the system, pursuant to s. 386-28C., to the flood protection elevation and shall meet the provisions of chs. NR 811 and NR 812, Wis. Adm. Code. I. SOLID WASTE DISPOSAL SITES Disposal of solid or hazardous waste is prohibited in floodfringe areas. J. DEPOSITION OF MATERIALS Any deposited material must meet all the provisions of this ordinance. K. MANUFACTURED HOMES (1) Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval, and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities. (2) In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall: (a) have the lowest floor elevated to the flood protection elevation; and (b) be anchored so they do not float, collapse, or move laterally during a flood (3) Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the floodfringe in s. 386-17A. MOBILE RECREATIONAL VEHICLES All mobile recreational vehicles must be on site for less than 180 consecutive days and be either: (1) fully licensed and ready for highway use; or (2) shall meet the elevation and anchoring requirements in s. 386-17K.(2) and (3). OR 20 A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick -disconnect utilities and security devices and has no permanently attached additions. Article V OTHER FLOODPLAIN DISTRICTS 386-18 GENERAL FLOODPLAIN DISTRICT (GFP) A. APPLICABILITY The provisions for the General Floodplain District shall apply to development in all floodplains mapped as A, AO, AH, and in AE zones within which a floodway is not delineated on the Flood Insurance Rate Maps identified in s. 386-5B.(1). B. FLOODWAY BOUNDARIES For proposed development in zone A, or in zone AE within which a floodway is not delineated on the Flood Insurance Rate Map identified in s. 386-5B.(1), the boundaries of the regulatory floodway shall be determined pursuant to s.386-18E. If the development is proposed to encroach upon the regulatory floodway, the development is subject to the standards of Article III. If the development is located entirely within the floodfringe, the development is subject to the standards of Article IV. C. PERMITTED USES Pursuant to s. 386-18E. it shall be determined whether the proposed use is located within the floodway or floodfringe. Those uses permitted in the Floodway (s. 386-12) and Floodfringe (s. 386-16) Districts are allowed within the General Floodplain District, according to the standards of s. 386-18D. provided that all permits or certificates required under s. 386-24 have been issued. D. STANDARDS FOR DEVELOPMENT IN THE GENERAL FLOODPLAIN DISTRICT Article III applies to floodway areas, determined to pursuant to 386-18E.; Article IV applies to floodfringe areas, determined to pursuant to 386-18E. (1) New construction and substantial improvement of structures in zone AO shall have the lowest floor, including basement, elevated: (a) To or above the depth, in feet, as shown on the FIRM above the highest adjacent natural grade; or (b) If the depth is not specified on the FIRM, two (2) feet above the highest adjacent natural grade or higher. (2) New Construction and substantial improvement of structures in zone AH shall have the lowest floor, including basement, elevated to or above the flood protection elevation. (3) In AO/AH zones, provide adequate drainage paths to guide floodwaters around structures. (4) All development in zones AO and zone AH shall meet the requirements of Article IV applicable to flood fringe areas. 17 21 E. DETERMINING FLOODWAY AND FLOODFRINGE LIMITS Upon receiving an application for development within zone A, or within zone AE where a floodway has not been delineated on the Flood Insurance Rate Maps, the zoning administrator shall: (1) Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the general floodplain district limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and flood proofing measures and the flood zone as shown on the FIRM. (2) Require the applicant to furnish any of the following information deemed necessary by the Department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries. (a) A Hydrologic and Hydraulic Study as specified in s. 386-24B.(3). (b) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location, and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information. (c) Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities. 386-19 FLOOD STORAGE DISTRICT The flood storage district delineates that portion of the floodplain where storage of floodwaters has been taken into account and is relied upon to reduce the regional flood discharge. The district protects the flood storage areas and assures that any development in the storage areas will not decrease the effective flood storage capacity which would cause higher flood elevations. A. APPLICABILITY The provisions of this section apply to all areas within the Flood Storage District (FSD), as shown on the official floodplain zoning maps. B. PERMITTED USES Any use or development which occurs in a flood storage district must meet the applicable requirements in s. 386-17. C. STANDARDS FOR DEVELOPMENT IN FLOOD STORAGE DISTRICTS (1) Development in a flood storage district shall not cause an increase equal or greater than 0.00 of a foot in the height of the regional flood. (2) No development shall be allowed which removes flood storage volume unless an equal volume of storage as defined by the pre -development ground surface and the regional flood elevation shall be provided in the immediate area of the proposed development to compensate for the volume of storage, which is lost, (compensatory storage). Excavation below the groundwater table is not considered to provide an equal volume of storage. (3) If compensatory storage cannot be provided, the area may not be developed unless the entire area zoned as flood storage district — on this waterway — is 18 W" rezoned to the floodfringe district. This must include a revision to the floodplain study and map done for the waterway to revert to the higher regional flood discharge calculated without floodplain storage, as per Article VIII Amendments of this ordinance. (4) No area may be removed from the flood storage district unless it can be shown that the area has been filled to the flood protection elevation and is contiguous to other lands lying outside of the floodplain. Article VI NONCONFORMING USES 386-20 GENERAL A. Applicability (1) The standards in this section shall apply to all uses and buildings that do not conform to the provisions contained within a floodplain zoning ordinance or with s. 87.30, Stats. and §§ NR 116.12-14, Wis. Adm. Code and 44 CFR 59-72., these standards shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this ordinance or any amendment thereto. A party asserting existence of a lawfully established nonconforming use or structure has the burden of proving that the use or structure was compliant with the floodplain zoning ordinance in effect at the time the use or structure was created. (2) As permit applications are received for additions, modifications, or substantial improvements to nonconforming buildings in the floodplain, municipalities shall develop a list of those nonconforming buildings, their present equalized assessed value, and a list of the costs of those activities associated with changes to those buildings. B. The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this ordinance may continue subject to the following conditions: (1) No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this ordinance. The words "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Maintenance is not considered a modification; this includes painting, decorating, paneling and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered maintenance. The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification, or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure. (2) If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this ordinance; (3) The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all 19 23 modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent; (4) No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s. 386-17A. The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this paragraph; (5) No maintenance on a per event basis to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s. 386-17A. Maintenance to any nonconforming structure, which does not exceed 50% of its present equalized assessed value on a per event basis, does not count against the cumulative calculations over the life of the structure for substantial improvement calculations. (6) If on a per event basis the total value of the work being done under (4) and (5) equals or exceeds 50% of the present equalized assessed value, the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s. 386-17A. (7) Except as provided in subd. (8), if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed, or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre -damaged condition equals or exceeds 50% of the structure's present equalized assessed value. (8) For nonconforming buildings that are substantially damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building shall be permitted in order to restore it to the size and use in effect prior to the damage event, provided that the following minimum requirements are met, and all required permits have been granted prior to the start of construction: (a) Residential Structures [1] Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts, or perimeter walls. Perimeter walls must meet the requirements of s. 386-28B. [2] Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, and shall be constructed with methods and materials resistant to flood damage. 20 24 [3] Shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding. [4] In A Zones, obtain, review, and utilize any flood data available from a federal, state or other source. [5] In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in s. 386-18D. [6] In AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure. (b) Nonresidential Structures [1] Shall meet the requirements of s. 386-20B.(8)(a)[1]-[6]. [2] Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in s. 386-28 A. or B. [3] In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in s. 386-18D. C. A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as a historic structure, the alteration will comply with s. 386- 13A., flood resistant materials are used, and construction practices and floodproofing methods that comply with s. 386-28 are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of s. 386-20B.(8)(a) if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure. D. Notwithstanding anything in this chapter to the contrary, modifications, additions, maintenance, and repairs to a nonconforming building shall not be prohibited based on cost and the building's nonconforming use shall be permitted to continue if: (1) Any living quarters in the nonconforming building are elevated to be at or above the flood protection elevation; (2) The lowest floor of the nonconforming building, including the basement, is elevated to or above the regional flood elevation; (3) The nonconforming building is permanently changed to conform to the applicable requirements of Article II; (4) If the nonconforming building is in the floodway, the building is permanently changed to conform to the applicable requirements of 386-13A., 386-13B.(2) through (5), 386-13C., 386-13D., and 386-21. Any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure's 3-D building envelope must determine the 21 25 floodway in accordance with section 386-18E. If the encroachment is in the floodway, it must meet the standards in section 386-13D.; (5) If the nonconforming building is in the floodfringe, the building is permanently changed to conform to the applicable requirements of 386-17 and 386-22; (6) Repair or reconstruction of nonconforming structures and substantial improvements of residential buildings in zones Al-30, AE, and AH must have the lowest floor (including basement) elevated to or above the base flood elevation; (7) Repair or reconstruction of nonconforming structures and substantial improvements of non-residential buildings in zones Al-30, AE, and AH must have the lowest floor (including basement) elevated to or above the base flood elevation, or (together with attendant utility and sanitary facilities) be designed so that below the base flood elevation the building is watertight with walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy: (a) Where a non-residential structure is intended to be made watertight below the base flood elevation, a registered professional engineer or architect must develop and/or review structural design, specifications, and plans for the construction, and must certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of s. 386- 20D.(7) above. (b) The community must maintain a record of such certification including the specific elevation to which each such structure is floodproofed; (8) Fully enclosed areas below the lowest floor of repair or reconstruction of nonconforming structures and substantial improvements in zones Al-30, AE, and AH that are usable solely for parking of vehicles, building access, or storage, must be designed to adequately equalize hydrostatic forces on exterior walls by allowing for the entry and exit of floodwaters. Subsequent improvements to repaired or reconstructed nonconforming structures must not increase the degree of their nonconformity. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet the following criteria: (a) A minimum of two openings into each enclosed area must be located below the base flood elevation and provide a total net area of not less than one square inch for every square foot of enclosed area. (b) The bottom of all openings must be no higher than one foot above the adjacent grade. (c) Openings may be equipped with screens, louvers, valves, or other coverings if they permit the automatic entry and exit of floodwaters; (9) Manufactured homes that are placed or substantially improved within zones A1- 30, AE, and AH outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of flood, must be elevated on a permanent foundation such 22 26 that the lowest floor of the manufactured home is at or above the base flood elevation, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement; (10) Manufactured homes that are placed or substantially improved within zones Al- 30, AE, and AH on existing sites in an existing manufactured home park that is not undergoing expansion and on which a manufactured home has not incurred substantial damage as a result of flood must be elevated so that either the lowest floor of the manufactured home is at or above the base flood elevation, or the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement; (11) Recreational vehicles placed on sites within zones A11-30, AH, and AE must either: (a) Be on site for fewer than 180 consecutive days; or (b) Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or (c) Meet the elevation and anchoring requirements for manufactured homes in s. 386-20D.(9)above; (12) In a regulatory floodway that has been delineated on the FIRM in zone Al-30 or AE, encroachments, including repair or reconstruction of nonconforming structures, substantial improvement, or other development (including fill) must be prohibited unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity; (13) In zone A, the community must obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring repair or reconstruction of nonconforming structures, substantial improvement, and other development to meet ss. 386-20D.(6) through (9) (inclusive) above. Any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure's 3-D building envelope must determine the floodway in accordance with section 386-18E. If the encroachment is in the floodway, it must meet the standards in section 386-13D.). Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity; (14) In zones Al-30 or AE where a regulatory floodway has not been delineated on the FIRM, repair or reconstruction of nonconforming structures, substantial improvement, or any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure's 3-D building envelope must determine the floodway in accordance with section 386-18E. If the encroachment is in the floodway, it must meet the standards in section 386-13D. Subsequent improvements to repair or 23 WA reconstructed nonconforming structures must not increase the degree of their nonconformity; (15) In zone AO, repair or reconstruction of nonconforming structures and substantial improvements of residential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet if no depth number is specified). Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity; or (16) In zone AO, repair or reconstruction of nonconforming structures and substantial improvements of nonresidential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet if no depth number is specified), or (together with attendant utility and sanitary facilities) be structurally dry-floodproofed to that level according to the standard specified in s. 386-20D.(7) above. Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity. 386-21 FLOODWAY DISTRICT A. No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the Floodway District, unless such modification or addition: (1) Has been granted a permit or variance which meets all ordinance requirements; (2) Meets the requirements of s. 386-20; (3) Shall not increase the obstruction to flood flows or regional flood height; (4) Any addition to the existing structure shall be floodproofed, pursuant to s. 386-28, by means other than the use of fill, to the flood protection elevation; and, (5) If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply: (a) The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade; (b) The parts of the foundation located below the flood protection elevation must be constructed of flood -resistant materials; (c) Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and (d) The use must be limited to parking, building access or limited storage. B. No new on -site sewage disposal system, or addition to an existing on -site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing on -site sewage disposal system in a floodway area shall meet the 24 28 applicable requirements of all municipal ordinances, s. 386-28C. and Ch. SPS 383, Wis. Adm. Code. C. No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District. Any replacement, repair, or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all municipal ordinances, s. 386- 28C. and chs. NR 811 and NR 812, Wis. Adm. Code. 386-22 FLOODFRINGE DISTRICT A. No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality and meets the requirements of s. 386-17 except where s. 386- 22B. is applicable. B. Where compliance with the provisions of subd. (A.) would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Adjustment/Appeals, using the procedures established in s. 386-26, may grant a variance from those provisions of subd. (A.) for modifications or additions using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if: (1) No floor is allowed below the regional flood elevation for residential or commercial structures; (2) Human lives are not endangered; (3) Public facilities, such as water or sewer, shall not be installed; (4) Flood depths shall not exceed two feet; (5) Flood velocities shall not exceed two feet per second; and (6) The structure shall not be used for storage of materials as described in s. 386- 17E. C. All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances, s. 386-28C. and ch. SPS 383, Wis. Adm. Code. D. All new wells, or addition to, replacement, repair, or maintenance of a well shall meet the applicable provisions of this ordinance, s. 386-28C. and ch. NR 811 and NR 812, Wis. Adm. Code. 386-23 FLOOD STORAGE DISTRICTS No modifications or additions shall be allowed to any nonconforming structure in a flood storage area unless the standards outlined in 386-19C. are met. Article VII ADMINISTRATION Where a zoning administrator, planning agency or a board of appeals has already been appointed to administer a zoning ordinance adopted under ss. 59.69, 59.692 or 62.23(7), Stats., these officials shall also administer this ordinance. 386-24 ZONING ADMINISTRATOR A. DUTIES AND POWERS The zoning administrator is authorized to administer this ordinance and shall have the following duties and powers: 25 29 (1) Advise applicants of the ordinance provisions, assist in preparing permit applications and appeals, and assure that the regional flood elevation for the proposed development is shown on all permit applications. (2) Issue permits and inspect properties for compliance with provisions of this ordinance and issue certificates of compliance where appropriate (3) Inspect and assess all damaged floodplain structures to determine if substantial damage to the structures has occurred. (4) Keep records of all official actions such as: (a) All permits issued, inspections made, and work approved; (b) Documentation of certified lowest floor and regional flood elevations; (c) Floodproofing certificates. (d) Water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments. (e) All substantial damage assessment reports for floodplain structures. (f) List of nonconforming structures and uses. (5) Submit copies of the following items to the Department Regional office: (a) Within 10 days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments; (b) Copies of case -by -case analyses and other required information. (c) Copies of substantial damage assessments performed and all related correspondence concerning the assessments. (6) Investigate, prepare reports, and report violations of this ordinance to the municipal zoning agency and attorney for prosecution. Copies of the reports shall also be sent to the Department Regional office. (7) Submit copies of amendments to the FEMA Regional office. B. LAND USE PERMIT A land use permit shall be obtained before any development; repair, modification, or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated. Application to the zoning administrator shall include: (1) GENERAL INFORMATION (a) Name and address of the applicant, property owner and contractor; (b) Legal description, proposed use, and whether it is new construction or a modification; (2) SITE DEVELOPMENT PLAN 26 30 A site plan drawn to scale shall be submitted with the permit application form and shall contain: (a) Location, dimensions, area and elevation of the lot; (b) Location of the ordinary highwater mark of any abutting navigable waterways; (c) Location of any structures with distances measured from the lot lines and street center lines; (d) Location of any existing or proposed on -site sewage systems or private water supply systems; (e) Location and elevation of existing or future access roads; (f) Location of floodplain and floodway limits as determined from the official floodplain zoning maps; (g) The elevation of the lowest floor of proposed buildings and any fill using the vertical datum from the adopted study — either National Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD); (h) Data sufficient to determine the regional flood elevation in NGVD or NAVD at the location of the development and to determine whether or not the requirements of Article III or Article IV are met; and (i) Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to s. 386-7. This may include any of the information noted in s. 386-13A. (3) HYDRAULIC AND HYDROLOGIC STUDIES TO ANALYZE DEVELOPMENT All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer registered in the State. The study contractor shall be responsible for the technical adequacy of the study. All studies shall be reviewed and approved by the Department. (a) Zone A floodplains and in AE zones within which a floodway is not delineated: [1] Hydrology [a] The appropriate method shall be based on the standards in ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge. [2] Hydraulic modeling The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following: [a] determination of the required limits of the hydraulic model shall be based on detailed study information for 27 31 downstream structures (dam, bridge, culvert) to determine adequate starting WSEL for the study. [b] channel sections must be surveyed. [c] minimum four -foot contour data in the overbanks shall be used for the development of cross section overbank and floodplain mapping. [d] a maximum distance of 500 feet between cross sections is allowed in developed areas with additional intermediate cross sections required at transitions in channel bottom slope including a survey of the channel at each location. [e] the most current version of HEC-RAS shall be used. [f] a survey of bridge and culvert openings and the top of road is required at each structure. [g] additional cross sections are required at the downstream and upstream limits of the proposed development and any necessary intermediate locations based on the length of the reach if greater than 500 feet. [h] standard accepted engineering practices shall be used when assigning parameters for the base model such as flow, Manning's N values, expansion and contraction coefficients or effective flow limits. The base model shall be calibrated to past flooding data such as high-water marks to determine the reasonableness of the model results. If no historical data is available, adequate justification shall be provided for any parameters outside standard accepted engineering practices. [i] the model must extend past the upstream limit of the difference in the existing and proposed flood profiles in order to provide a tie-in to existing studies. The height difference between the proposed flood profile and the existing study profiles shall be no more than 0.00 feet. [3] Mapping A work map of the reach studied shall be provided, showing all cross-section locations, floodway/floodplain limits based on best available topographic data, geographic limits of the proposed development and whether the proposed development is located in the floodway. [a] If the proposed development is located outside of the floodway, then it is determined to have no impact on the regional flood elevation. [b] If any part of the proposed development is in the floodway, it must be added to the base model to show the difference between existing and proposed conditions. The study must ensure that all coefficients remain the same as in the 28 32 existing model, unless adequate justification based on standard accepted engineering practices is provided. (b) Zone AE Floodplains [1] Hydrology If the proposed hydrology will change the existing study, the appropriate method to be used shall be based on ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge. [2] Hydraulic model The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following: [a] Duplicate Effective Model The effective model shall be reproduced to ensure correct transference of the model data and to allow integration of the revised data to provide a continuous FIS model upstream and downstream of the revised reach. If data from the effective model is available, models shall be generated that duplicate the FIS profiles and the elevations shown in the Floodway Data Table in the FIS report to within 0.1 foot. [b] Corrected Effective Model. The Corrected Effective Model shall not include any man- made physical changes since the effective model date but shall import the model into the most current version of HEC-RAS for Department review. [c] Existing (Pre -Project Conditions) Model. The Existing Model shall be required to support conclusions about the actual impacts of the project associated with the Revised (Post -Project) Model or to establish more up-to-date models on which to base the Revised (Post -Project) Model. [d] Revised (Post -Project Conditions) Model. The Revised (Post -Project Conditions) Model shall incorporate the Existing Model and any proposed changes to the topography caused by the proposed development. This model shall reflect proposed conditions. [e] All changes to the Duplicate Effective Model and subsequent models must be supported by certified topographic information, bridge plans, construction plans and survey notes. [f] Changes to the hydraulic models shall be limited to the stream reach for which the revision is being requested. Cross sections upstream and downstream of the revised reach shall be identical to those in the effective model and result in water surface elevations and top widths computed by the revised models matching those in the effective 29 33 models upstream and downstream of the revised reach as required. The Effective Model shall not be truncated. [3] Mapping Maps and associated engineering data shall be submitted to the Department for review which meet the following conditions: [a] Consistency between the revised hydraulic models, the revised floodplain and floodway delineations, the revised flood profiles, topographic work map, annotated FIRMs and/or Flood Boundary Floodway Maps (FBFMs), construction plans, bridge plans. [b] Certified topographic map of suitable scale, contour interval, and a planimetric map showing the applicable items. If a digital version of the map is available, it may be submitted in order that the FIRM may be more easily revised. [c] Annotated FIRM panel showing the revised 1% and 0.2% annual chance floodplains and floodway boundaries. [d] If an annotated FIRM and/or FBFM and digital mapping data (GIS or CADD) are used, then all supporting documentation or metadata must be included with the data submission along with the Universal Transverse Mercator (UTM) projection and State Plane Coordinate System in accordance with FEMA mapping specifications. [e] The revised floodplain boundaries shall tie into the effective floodplain boundaries. [f] All cross sections from the effective model shall be labeled in accordance with the effective map and a cross section lookup table shall be included to relate to the model input numbering scheme. [g] Both the current and proposed floodways shall be shown on the map. [h] The stream centerline, or profile baseline used to measure stream distances in the model shall be visible on the map. (4) EXPIRATION All permits issued under the authority of this ordinance shall expire no more than 180 days after issuance. The permit may be extended for a maximum of 180 days for good and sufficient cause. If the permitted work has not started within 180 days of the permit date, the development must comply with any regulation, including any revision to the FIRM or FIS, that took effect after the permit date. C. CERTIFICATE OF COMPLIANCE No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, repaired, rebuilt, or replaced shall be occupied until a certificate of compliance is issued by the zoning administrator, except where no permit is required, subject to the following provisions: 30 34 (1) The certificate of compliance shall show that the building or premises or part thereof, and the proposed use, conform to the provisions of this ordinance; (2) Application for such certificate shall be concurrent with the application for a permit; (3) If all ordinance provisions are met, the certificate of compliance shall be issued within 10 days after written notification that the permitted work is completed; (4) The applicant shall submit a certification signed by a registered professional engineer, architect, or land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that the requirements of s. 386-28 are met. (5) Where applicable pursuant to s. 386-18D., the applicant must submit a certification by a registered professional engineer or surveyor of the elevation of the bottom of the lowest horizontal structural member supporting the lowest floor (excluding pilings or columns), and an indication of whether the structure contains a basement. (6) Where applicable pursuant to s. 386-18D., the applicant must submit certifications by a registered professional engineer or architect that the structural design and methods of construction meet accepted standards of practice as required by s. 386-18D. D. OTHER PERMITS Prior to obtaining a floodplain development permit the applicant must secure all necessary permits from federal, state, and local agencies, including but not limited to those required by the U.S. Army Corps of Engineers under s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344. 386-25 ZONING AGENCY A. The City of Muskego Plan Commission shall: (1) oversee the functions of the office of the zoning administrator; and (2) review and advise the governing body on all proposed amendments to this ordinance, maps, and text. (3) publish adequate notice pursuant to Ch. 985, Stats., specifying the date, time, place, and subject of the public hearing. B. The City of Muskego Plan Commission shall not: (1) grant variances to the terms of the ordinance in place of action by the Board of AdjustmenVAppeals; or (2) amend the text or zoning maps in place of official action by the governing body. 386-26 BOARD OF ADJUSTMENT/APPEALS The Board of Appeals, created under s. 62.23(7)(e), Stats., for cities or villages, is hereby authorized or shall be appointed to act for the purposes of this ordinance. The Board shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business. The zoning administrator shall not be the secretary of the Board. 31 35 A. POWERS AND DUTIES The Board of Appeals shall: (1) Appeals - Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this ordinance; (2) Boundary Disputes - Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map; and (3) Variances - Hear and decide, upon appeal, variances from the ordinance standards. B. APPEALS TO THE BOARD (1) Appeals to the board may be taken by any person aggrieved, or by any officer or department of the municipality affected by any decision of the zoning administrator or other administrative officer. Such appeal shall be taken within 30 days unless otherwise provided by the rules of the board, by filing with the official whose decision is in question, and with the board, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the board all records regarding the matter appealed. (2) NOTICE AND HEARING FOR APPEALS INCLUDING VARIANCES (a) Notice - The board shall: [1] Fix a reasonable time for the hearing; [2] Publish adequate notice pursuant to Wisconsin Statutes, specifying the date, time, place, and subject of the hearing; and [3] Assure that notice shall be mailed to the parties in interest and the Department Regional office at least 10 days in advance of the hearing. (b) Hearing - Any party may appear in person or by agent. The board shall: [1] Resolve boundary disputes according to s. 386-26C.; [2] Decide variance applications according to s. 386-26D.; and [3] Decide appeals of permit denials according to s. 386-27. (3) DECISION: The final decision regarding the appeal or variance application shall: (a) Be made within a reasonable time; (b) Be sent to the Department Regional office within 10 days of the decision; (c) Be a written determination signed by the chairman or secretary of the Board; (d) State the specific facts which are the basis for the Board's decision; (e) Either affirm, reverse, vary or modify the order, requirement, decision, or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application; and 32 36 (f) Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board proceedings. C. BOUNDARY DISPUTES The following procedure shall be used by the Board in hearing disputes concerning floodplain district boundaries: (1) If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary. (2) The person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board; and (3) If the boundary is incorrectly mapped, the Board should inform the zoning committee or the person contesting the boundary location to petition the governing body for a map amendment according to Article VIII Amendments. D. VARIANCE (1) The Board may, upon appeal, grant a variance from the standards of this ordinance if an applicant convincingly demonstrates that: (a) Literal enforcement of the ordinance will cause unnecessary hardship; (b) The hardship is due to adoption of the floodplain ordinance and unique property conditions, not common to adjacent lots or premises. In such case the ordinance or map must be amended; (c) The variance is not contrary to the public interest; and (d) The variance is consistent with the purpose of this ordinance in s. 386-3. (2) In addition to the criteria in subd. (1), to qualify for a variance under FEMA regulations, the Board must find that the following criteria have been met: (a) The variance shall not cause any increase in the regional flood elevation; (b) The applicant has shown good and sufficient cause for issuance of the variance; (c) Failure to grant the variance would result in exceptional hardship; (d) Granting the variance will not result in additional threats to public safety, extraordinary expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; (e) The variance granted is the minimum necessary, considering the flood hazard, to afford relief. (3) A variance shall not: 33 37 (a) Grant, extend or increase any use prohibited in the zoning district; (b) Be granted for a hardship based solely on an economic gain or loss; (c) Be granted for a hardship which is self-created. (d) Damage the rights or property values of other persons in the area; (e) Allow actions without the amendments to this ordinance or map(s) required in Article VIII Amendments; and (f) Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure. (4) When a floodplain variance is granted, the Board shall notify the applicant in writing that it may increase risks to life and property and flood insurance premiums could increase up to $25.00 per $100.00 of coverage. A copy shall be maintained with the variance record. 386-27 TO REVIEW APPEALS OF PERMIT DENIALS A. The Zoning Agency (s. 386-25) or Board shall review all data related to the appeal. This may include: (1) Permit application data listed in s. 386-24B.; (2) Floodway/floodfringe determination data in s. 386-18E.; (3) Data listed in s. 386-13A.(2) where the applicant has not submitted this information to the zoning administrator; and (4) Other data submitted with the application or submitted to the Board with the appeal. B. For appeals of all denied permits the Board shall: (1) Follow the procedures of s. 386-26; (2) Consider zoning agency recommendations; and (3) Either uphold the denial or grant the appeal. C. For appeals concerning increases in regional flood elevation the Board shall: (1) Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of Article VIII Amendments; and (2) Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase provided no other reasons for denial exist. 34 38 386-28 FLOODPROOFING STANDARDS A. No permit or variance shall be issued for a non-residential structure designed to be watertight below the regional flood elevation until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to or above the flood protection elevation and submits a FEMA Floodproofing Certificate. Floodproofing is not an alternative to the development standards in Article II, Article III, Article IV or s. 386-18-. B. For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either: (1) certified by a registered professional engineer or architect; or (2) meeting or exceeding the following standards: (a) a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (b) the bottom of all openings shall be no higher than one foot above grade; and (c) openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. C. Floodproofing measures shall be designed, as appropriate, to: (1) Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors; (2) Protect structures to the flood protection elevation; (3) Anchor structures to foundations to resist flotation and lateral movement; (4) Minimize or eliminate infiltration of flood waters; (5) Minimize or eliminate discharges into flood waters; (6) Placement of essential utilities to or above the flood protection elevation; and (7) If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply: (a) The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade; (b) The parts of the foundation located below the flood protection elevation must be constructed of flood -resistant materials; (c) Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and (d) The use must be limited to parking, building access or limited storage. 35 39 386-29 PUBLIC INFORMATION A. Place marks on structures to show the depth of inundation during the regional flood. B. All maps, engineering data and regulations shall be available and widely distributed. C. Real estate transfers should show what floodplain district any real property is in. Article VIII AMENDMENTS 386-30 OBSTRUCTIONS OR INCREASES Obstructions or increases may only be permitted if amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with s. 386-31. A. In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with s. 386-31. Any such alterations must be reviewed and approved by FEMA and the DNR. B. In A Zones increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain maps, floodway lines, and water surface profiles, in accordance with s. 386-31. 386-31 GENERAL The governing body shall change or supplement the floodplain zoning district boundaries and this ordinance in the manner outlined in s. 386-32 below. Actions which require an amendment to the ordinance and/or submittal of a Letter of Map Change (LOMC) include, but are not limited to, the following: A. Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height; B. Any change to the floodplain boundaries and/or watercourse alterations on the FIRM; C. Any changes to any other officially adopted floodplain maps listed in s. 386-5B.(2); D. Any floodplain fill which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain; E. Correction of discrepancies between the water surface profiles and floodplain maps; F. Any upgrade to a floodplain zoning ordinance text required by s. NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by the municipality; and G. All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA. 386-32 PROCEDURES Ordinance amendments may be made upon petition of any party according to the provisions of s. 62.23, Stats., for cities and villages. The petitions shall include all data required by s. 386-18E. and 386-24B. The Land Use Permit shall not be issued until a Letter of Map Revision is issued by FEMA for the proposed changes. 36 40 A. The proposed amendment shall be referred to the zoning agency for a public hearing and recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the Department Regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of s. 62.23, Stats., for cities and villages. B. No amendments shall become effective until reviewed and approved by the Department. C. All persons petitioning for a map amendment that obstructs flow causing any increase in the regional flood height, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body. Article IX ENFORCEMENT AND PENALTIES 386-33 Violation and penalties Any violation of the provisions of this ordinance by any person shall be unlawful and shall be referred to the municipal attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the municipality a penalty of not more than $50.00 (fifty dollars), together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this ordinance is a public nuisance, and the creation may be enjoined, and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to s. 87.30, Stats Article X DEFINITIONS 386-34 Word Usage Unless specifically defined, words and phrases in this ordinance shall have their common law meaning and shall be applied in accordance with their common usage. Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular. The word "may" is permissive, "shall" is mandatory and is not discretionary. 386-35 Definitions 1. A ZONES —Those areas shown on the Official Floodplain Zoning Map which would be inundated by the regional flood. These areas may be numbered or unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area. 2. AH ZONE — See "AREA OF SHALLOW FLOODING". 3. AO ZONE — See "AREA OF SHALLOW FLOODING". 4. ACCESSORY STRUCTURE OR USE — A facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building. An accessory structure shall not be used for human habitation. 5. ALTERATION — An enhancement, upgrade or substantial change or modification other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a structure. 6. AREA OF SHALLOW FLOODING —A designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flood may be evident. Such flooding is 37 41 characterized by ponding or sheet flow. 7. BASE FLOOD — Means the flood having a one percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM. 8. BASEMENT — Any enclosed area of a building having its floor sub -grade on all sides. 9. BREAKAWAY WALL — A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. 10. BUILDING — See STRUCTURE. 11. BULKHEAD LINE — A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department pursuant to s. 30.11, Stats., and which allows limited filling between this bulkhead line and the original ordinary highwater mark, except where such filling is prohibited by the floodway provisions of this ordinance. 12. CAMPGROUND — Any parcel of land which is designed, maintained, intended, or used for the purpose of providing sites for nonpermanent overnight use by 4 or more camping units, or which is advertised or represented as a camping area. 13. CAMPING UNIT — Any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pick-up truck, or tent that is fully licensed, if required, and ready for highway use. 14. CERTIFICATE OF COMPLIANCE — A certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this ordinance. 15. CHANNEL — A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water. 16. CRAWLWAYS or CRAWL SPACE — An enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities. 17. DECK — An unenclosed exterior structure that has no roof or sides and has a permeable floor which allows the infiltration of precipitation. 18. DEPARTMENT — The Wisconsin Department of Natural Resources. 19. DEVELOPMENT — Any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities. 20. DRYLAND ACCESS — A vehicular access route which is above the regional flood elevation, and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles. 21. ENCROACHMENT — Any fill, structure, equipment, use or development in the floodway. 38 i Pi 22. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) — The federal agency that administers the National Flood Insurance Program. 23. FLOOD INSURANCE RATE MAP (FIRM) — A map of a community on which the Federal Insurance Administration has delineated both the floodplain and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency. 24. FLOOD or FLOODING — A general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions: • The overflow or rise of inland waters; • The rapid accumulation or runoff of surface waters from any source; • The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior; or • The sudden increase caused by an unusually high-water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event. 25. FLOOD FREQUENCY — The probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average once in a specified number of years or as a percent (%) chance of occurring in any given year. 26. FLOODFRINGE — That portion of the floodplain outside of the floodway which is covered by flood waters during the regional flood and associated with standing water rather than flowing water. 27. FLOOD HAZARD BOUNDARY MAP — A map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A -Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a Flood Insurance Study and a Flood Insurance Rate Map. 28. FLOOD INSURANCE STUDY —A technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A -Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance Study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program. 29. FLOODPLAIN — Land which has been or may be covered by flood water during the regional flood. It includes the floodway and the floodfringe and may include other designated floodplain areas for regulatory purposes. 30. FLOODPLAIN ISLAND — A natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood. 31. FLOODPLAIN MANAGEMENT — Policy and procedures to ensure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations. 32. FLOOD PROFILE — A graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river. 33. FLOODPROOFING — Any combination of structural provisions, changes or adjustments to 39 43 properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage. 34. FLOOD PROTECTION ELEVATION — An elevation of two feet of freeboard above the Regional Flood Elevation. (Also see: FREEBOARD.) 35. FLOOD STORAGE — Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge. 36. FLOODWAY — The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge. 37. FREEBOARD — A safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed. 38. HABITABLE STRUCTURE — Any structure or portion thereof used or designed for human habitation. 39. HEARING NOTICE — Publication or posting meeting the requirements of Ch. 985, Stats. For appeals, a Class 1 notice, published once at least one week (7 days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (7 days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums. 40. HIGH FLOOD DAMAGE POTENTIAL — Damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents. 41. HIGHEST ADJACENT GRADE — The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. 42. HISTORIC STRUCTURE — Any structure that is either: • Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; • Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; • Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or • Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs. 43. INCREASE IN REGIONAL FLOOD HEIGHT —A calculated upward rise in the regional flood elevation greater than 0.00 foot, based on a comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge. 44. LAND USE — Any nonstructural use made of unimproved or improved real estate. (Also see DEVELOPMENT.) 40 44 45. LOWEST ADJACENT GRADE — Elevation of the lowest ground surface that touches any of the exterior walls of a building. 46. LOWEST FLOOR — The lowest floor of the lowest enclosed area (including basement). 47. MAINTENANCE — The act or process of ordinary upkeep and repairs, including redecorating, refinishing, nonstructural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems, or structures. 48. MANUFACTURED HOME — A structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. The term "manufactured home" includes a mobile home but does not include a "mobile recreational vehicle." 49. MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION — A parcel (or contiguous parcels) of land, divided into two or more manufactured home lots for rent or sale. 50. MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING — A parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of this ordinance. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads. 51. MOBILE/MANUFACTURED HOME PARK, EXPANSION TO EXISTING —The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading, or the pouring if concrete pads. 52. MOBILE RECREATIONAL VEHICLE — A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled, carried or permanently towable by a licensed, light -duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of "mobile recreational vehicles." 53. MODEL, CORRECTED EFFECTIVE — A hydraulic engineering model that corrects any errors that occur in the Duplicate Effective Model, adds any additional cross sections to the Duplicate Effective Model, or incorporates more detailed topographic information than that used in the current effective model. 54. MODEL, DUPLICATE EFFECTIVE — A copy of the hydraulic analysis used in the effective FIS and referred to as the effective model. 55. MODEL, EFFECTIVE — The hydraulic engineering model that was used to produce the current effective Flood Insurance Study. 56. MODEL, EXISTING (PRE -PROJECT) —A modification of the Duplicate Effective Model or Corrected Effective Model to reflect any man-made modifications that have occurred within the floodplain since the date of the effective model but prior to the construction of the project for which the revision is being requested. If no modification has occurred since the date of the effective model, then this model would be identical to the Corrected Effective Model or Duplicate Effective Model. 57. MODEL, REVISED (POST -PROJECT) —A modification of the Existing or Pre -Project Conditions 41 45 Model, Duplicate Effective Model or Corrected Effective Model to reflect revised or post -project conditions. 58. MUNICIPALITY or MUNICIPAL — The county, city or village governmental units enacting, administering, and enforcing this zoning ordinance. 59. NAVD or NORTH AMERICAN VERTICAL DATUM — Elevations referenced to mean sea level datum, 1988 adjustment. 60. NGVD or NATIONAL GEODETIC VERTICAL DATUM — Elevations referenced to mean sea level datum, 1929 adjustment. 61. NEW CONSTRUCTION — Structures for which the start of construction commenced on or after the effective date of a floodplain zoning regulation adopted by this community and includes any subsequent improvements to such structures. 62. NON -FLOOD DISASTER — A fire or an ice storm, tornado, windstorm, mudslide, or other destructive act of nature, but excludes a flood. 63. NONCONFORMING STRUCTURE —An existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this ordinance for the area of the floodplain which it occupies. (For example, an existing residential structure in the floodfringe district is a conforming use. However, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming.) 64. NONCONFORMING USE —An existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this ordinance for the area of the floodplain which it occupies. (Such as a residence in the floodway.) 65. OBSTRUCTION TO FLOW — Any development which blocks the conveyance of floodwaters such that this development alone or together with any future development will cause an increase in regional flood height. 66. OFFICIAL FLOODPLAIN ZONING MAP — That map, adopted and made part of this ordinance, as described in s. 386-5B., which has been approved by the Department and FEMA. 67. OPEN SPACE USE — Those uses having a relatively low flood damage potential and not involving structures. 68. ORDINARY HIGHWATER MARK — The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. 69. PERSON — An individual, or group of individuals, corporation, partnership, association, municipality, or state agency. 70. PRIVATE SEWAGE SYSTEM — A sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the Department of Safety and Professional Services, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure, or a system located on a different parcel than the structure. 71. PUBLIC UTILITIES — Those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary 42 46 sewer, and storm sewer. 72. REASONABLY SAFE FROM FLOODING — Means base flood waters will not inundate the land or damage structures to be removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed buildings. 73. REGIONAL FLOOD — A flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE. 74. START OF CONSTRUCTION — The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. 75. STRUCTURE — Any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lakebed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts. 76. SUBDIVISION — Has the meaning given in s. 236.02(12), Wis. Stats. 77. SUBSTANTIAL DAMAGE — Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre -damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred. 78. SUBSTANTIAL IMPROVEMENT — Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the equalized assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the work performed. The term does not include either any project for the improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure. 79. UNNECESSARY HARDSHIP — Where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height, or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance. 80. VARIANCE — An authorization by the board of adjustment or appeals for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in the floodplain zoning ordinance. 81. VIOLATION — The failure of a structure or other development to be fully compliant with the floodplain zoning ordinance. A structure or other development without required permits, lowest 43 i IN floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided. 82. WATERSHED — The entire region contributing runoff or surface water to a watercourse or body of water. 83. WATER SURFACE PROFILE — A graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas. 84. WELL — means an excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use. 44 48 CITY OF MUSKEGO COMMON COUNCIL MINUTES August 15, 2023 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:14 p.m. ROLL CALL UNAPPROVED C4 of M ATSKEGO iwAuh Present: Alderperson Hammel, Alderperson Terrence, Alderperson Kapusta, Alderperson Schroeder, Alderperson Kubacki, Alderperson Madden Absent: Alderperson Wolfe Also present: City Attorney Warchol, Public Works and Development Director Kroeger, Public Works Superintendent Beilfuss, Utilities Superintendent Bourdo, Recreation Program Manager Dunn, Information Technologies Director Loudon, Library Director Larson, Chief Westphal, Captain Fons, City Clerk Roller STATEMENT OF PUBLIC NOTICE City Clerk Roller stated that the meeting was noticed in accordance with the open meeting law. PUBLIC COMMENT None. COMMUNICATIONS FROM THE MAYOR'S OFFICE Community Update Regarding the Status of the Former Police Department Building Mayor mentioned that the City Newsletter did include information regarding ideas for the old police department building. Later this week he plans to put out on social media more details of what the task force had envisioned which could include frequently asked questions. He asked for feedback regarding moving forward. Discussions with Fleet Farm Representatives Mayor Petfalski addressed this Communication first. He began by introducing representatives with Fleet Farm, Linda and Heather. They are excited to be in the community. They have partnerships and sponsor many clubs within the community. They plan to be active business and community members. There will be a ribbon cutting ceremony towards the end of September. Common Council meeting in recess at 6:16 pm; reconvened at 7:00 pm. CONSENT AGENDA • Approval of Common Council Meeting Minutes - July 25, 2023 CCM.2023.07.25 draft.docx • Voucher Approval Vouchers - Alpha Report.pdf Vouchers - Total Sheet 23.08.15.pdf • Resolution #048-2023 - Approval of Revisions to the Municipal Ordinance Deposit and Forfeiture Schedule CCR2023.048-Deposit and Forfeiture Schedule.docx Municipal Deposit Forfeiture Schedule.pdf • Resolution #049-2023 - Re -Approval of Certified Survey Map (Henneberry) CCR2023.049-Reapproval CSM-Henneberry.docx CCR2022.073 CSM Approval (Henneberry).pdf Henneberry CSM.pdf 49 Common Council Meeting Minutes — August 15, 2023 Page 12 • Resolution #050-2023 - Re -Approval of Certified Survey Map (Lynn Kurer) CCR2023.050-Reapproval CSM-Kurer.docx CCR2020.090 CSM Approval (Kurer).pdf Kurer CSM 11 17 2021.pdf • Resolution #051-2023 - Approval of Dedication of Public Improvements for S101W13704 Loomis Drive CCR2023.051-Dedication of Pub Impr (Blixt).docx Finance Memo - S101 W13704 Loomis Drive Public Infrastructure Dedication.docx Blixt request for dedication.pdf • Resolution #052-2023 - Approval of a one -lot Certified Survey Map (Jeff Kohne) CCR2023.052- CSM-Kohne (1-LOT).docx PC 047-2023 SUPPLEMENT.pdf PC 047-2023 MAP.pdf PC 047-2023 RESOLUTION.pdf PC 047-2023 SUBMITTAL.pdf Moved by Alderperson Hammel; seconded by Alderperson Kapusta to Approve all items under Consent. Motion Passed: 6 - 0 Voting For: Alderperson Hammel, Alderperson Terrence, Alderperson Kapusta, Alderperson Schroeder, Alderperson Kubacki, Alderperson Madden Voting Against: None NEW BUSINESS None/No action taken. REVIEW OF COMMITTEE REPORTS Finance Committee Meeting Minutes - July 11, 2023 FCM 2023.07.11 Appr.pdf No action taken. Committee of the Whole Meeting Minutes - May 9, 2023 COWM.2023.05.09 Appr.pdf No action taken. CITY OFFICIALS' REPORTS None/No action taken. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Updates from Aldermanic Liaisons Muskego Festival Committee - Alderperson Schroeder Alderperson Schroeder requested attendance at the DandiLion Daze this weekend. FUTURE AGENDA ITEMS None/No action taken. ADJOURNMENT Moved by Alderperson Madden; seconded by Alderperson Kubacki to Adjourn at 7:05 pm. Motion Passed: 6 - 0 Voting For: Alderperson Hammel, Alderperson Terrence, Alderperson Kapusta, Alderperson Schroeder, Alderperson Kubacki, Alderperson Madden Voting Against: None Minutes taken and transcribed by City Clerk Roller. 50 Total Vouchers All Funds (8/10/23 - 8/22/23) Utility Vouchers (Approve Separately) Water Vouchers $ 22,732.66 Water Wire Transfers Total Water $_ Sewer Vouchers 58,911.00 Sewer Wire Transfers Council Date September 5, 2023 22,732.66 Total Voucher Approval Total Sewer $ 58,911.00 Net Total Utility Vouchers $ 81,643.66 #1 -Utility Voucher Approval Tax Vouchers - Refunds & Tax Settlements (Approve Separately) Tax Vouchers $ 291.17 Tax Void Checks Total Tax Vouchers Total General Fund Vouchers (Approve Separately) General Fund Vouchers $ 306,823.18 Total General Fund Vouchers Wire transfers (Approve Separately): Debt Service Payroll/Invoice Transmittals Total Void Checks Since Last Report Check Amount 168126 $4,677.00 $ 4,677.00 * Total 291.17 #2 - Tax Voucher Approval $ 306,823.18 #3 - General Voucher Approval $ 413,012.60 #4 - Wire Transfers Approval MANUALCHECKS Check # Amount 168146 1,985.92 168147 47,626.46 r.W X.r . 51 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 1 Report dates: 8/10/2023-8/22/2023 Aug 24, 2023 08:52AM Report Criteria: Detail report. Invoices with totals above $0 included. Paid and unpaid invoices included. [Report]. Description = (—) "1099 adjustment" Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number ADVANCED CHEMICAL SYSTEMS 172941 2 Invoice QUARTERLY CONTRACT 08/01/2023 08/31/2023 150.00 823 100.02.20.01.5415 172941 1 Invoice QUARTERLY CONTRACT O8/01/2023 08/31/2023 150.00 823 100.01.09.00.5415 Total ADVANCED CHEMICAL SYSTEMS: 300.00 ALLIANCE ELECTRICAL CONTRACTORS INC 20231341 1 Invoice OVERPAYMENT S101 W21333 MAN 08/04/2023 08/04/2023 128.64 823 100.02.25.00.4250 Total ALLIANCE ELECTRICAL CONTRACTORS INC: 128.64 ALSTAR CO LLC, THE 33056 2 Invoice 12-VOLT GOLD/A3 TECHNOLOGY 08/10/2023 09/09/2023 76.32 823 605.56.09.33.5735 33056 1 Invoice 12-VOLT GOLD/A3 TECHNOLOGY 08/10/2023 09/09/2023 76.33 823 601.61.61.21.5306 Total ALSTAR CO LLC, THE: 152.65 AMAZON CAPITAL SERVICES 11L1-LHR9-V 1 Invoice BROCHURE HOLDER 08/13/2023 09/12/2023 83.16 823 100.05.71.00.5701 14KT-JDPK-1L 1 Invoice PLAYGROUND PICTURE FRAMES 08/14/2023 09/13/2023 83.17 823 100.05.72.16.5702 17M9-VWQ6-6 1 Invoice LARGE SHARPIES 08/09/2023 09/08/2023 27.92 823 100.02.20.01.5701 17M9-VWQ6-X 1 Invoice RUBBER BANDS 08/14/2023 09/22/2023 47.78 823 100.05.71.00.5701 1C6Q-31GK-67 1 Invoice OFFICE SUPPLY'S 08/09/2023 09/08/2023 42.78 823 100.01.03.00.5701 1CD6-LH43-DL 1 Invoice ADAPETERS 07/06/2023 08/05/2023 28.72 823 100.01.14.00.5506 1 GQP-DKKR-C 1 Invoice CASES- IPADS- DPW 06/29/2023 07/29/2023 47.48 823 100.07.01.06.6502 1H7W-6QPW-6 1 Invoice CAMERA MOUNT 06/20/2023 07/20/2023 377.57 823 605.00.00.00.1960 1JN9-LQLN-T9 1 Invoice PLAYGROUND ROCK CANDY FOR 07/17/2023 08/16/2023 93.85 823 100.05.72.16.5702 1JQV-MYHR-3 1 Invoice PRINT 08/03/2023 09/02/2023 204.78 823 100.05.71.01.5711 1WNL-7XK1-P 1 Invoice SHARPS CONTAINER FOR EVIDE 08/07/2023 09/06/2023 30.24 823 100.02.20.01.5701 Total AMAZON CAPITAL SERVICES: 1,067.45 AMERICAN HYDRAULICS INC 27417 1 Invoice REBUILT CYLINDER O8/02/2023 09/01/2023 2,864.00 823 100.04.51.07.5405 Total AMERICAN HYDRAULICS INC: 2,864.00 ASSOCIATED BAG COMPANY G464583 1 Invoice GARBAGE BAGS - PARKS 12/08/2022 08/31/2023 2,240.81 823 100.04.51.11.5415 Total ASSOCIATED BAG COMPANY: 2,240.81 AT&T 262679561406 1 Invoice MONTHLY CENTRIX LINES 08/01/2023 08/24/2023 219.44 823 100.01.06.00.5601 8822070805 1 Invoice MONTHLY PRI-PD & CITY HALL 08/07/2023 09/06/2023 1,645.39 823 100.01.06.00.5601 Total AT&T. 1,864.83 BAKER & TAYLOR COMPANY 2037682991 1 Invoice PRINT 07/26/2023 08/26/2023 610.75 823 100.05.71.01.5711 2037686176 1 Invoice PRINT 07/26/2023 08/26/2023 138.71 823 100.05.71.01.5711 2037694668 1 Invoice PRINT 08/01/2023 09/01/2023 746.36 823 100.05.71.01.5711 52 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Report dates: 8/10/2023-8/22/2023 Page: 2 Aug 24, 2023 08:52AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number Total BAKER & TAYLOR COMPANY: 1,495.82 BAKER & TAYLOR ENTERTAINMENT H65741920 1 Invoice AV 07/27/2023 08/27/2023 114.27 823 100.05.71.02.5711 H65746970 1 Invoice AV 07/27/2023 08/27/2023 50.36 823 100.05.71.02.5711 H65756060 1 Invoice AV 07/28/2023 08/28/2023 58.90 823 100.05.71.02.5711 H65770470 1 Invoice AV 08/01/2023 09/01/2023 73.89 823 100.05.71.02.5711 Total BAKER & TAYLOR ENTERTAINMENT: BATTERIES PLUS LLC P63634946 1 Invoice Total BATTERIES PLUS LLC: BOARD GAME BARRISTER, LTD 1131134 1 Invoice Total BOARD GAME BARRISTER, LTD: BATTERIES 06/28/2023 FOL KIDS - 7/26 BOARD GAME PR 08/07/2023 297.42 07/28/2023 63.84 823 100.04.51.04.5744 63.84 08/22/2023 200.00 823 100.05.71.00.5752 200.00 CARDMEMBER SERVICE 0067bloAug23 3 Invoice CIB CONF W/ SERVICE CHARGE 07/27/2023 08/24/2023 153.00 823 100.01.14.00.5303 0067bloAug23 4 Invoice ELLIOT ACE- SCREWS 07/27/2023 08/24/2023 .37 823 100.01.14.00.5506 0067bloAug23 1 Invoice REFUND BAD PC 07/27/2023 08/24/2023 509.99- 823 100.07.01.06.6501 0067bloAug23 5 Invoice VERIZION BILL 07/27/2023 08/24/2023 .23 823 100.02.20.01.5604 0067bloAug23 2 Invoice GO DADDY CERT. RENEWALS 07/27/2023 08/24/2023 241.04 823 100.01.14.00.5507 0083TZAUG23 2 Invoice VIDEO FEED 07/27/2023 08/24/2023 20.00 823 215.06.00.00.5704 0083TZAUG23 1 Invoice KUBOTA REPAIR PARTS 07/27/2023 08/24/2023 30.63 823 215.06.00.00.5704 1472lmAug23 2 Invoice KREGER UNIFORMS 07/27/2023 08/24/2023 29.40 823 100.02.20.01.5151 1472lmAug23 5 Invoice PFC MTG FOOD 07/27/2023 08/24/2023 19.87 823 100.02.20.01.6022 1472lmAug23 3 Invoice SCIT MED BAGS 07/27/2023 08/24/2023 161.98 823 100.02.20.01.5151 1472lmAug23 1 Invoice FLOWERS ANDERSON FUNERAL 07/27/2023 08/24/2023 95.97 823 505.00.00.00.2637 1472lmAug23 4 Invoice CADET COMPETITIOON/HOTEL/R 07/27/2023 08/24/2023 1,517.56 823 505.00.00.00.2636 1530emAug23 1 Invoice YS PLANNING MTG 07/27/2023 08/27/2023 35.41 823 100.05.71.00.5303 1530emAug23 2 Invoice PASSIVE PROGRAMMING PRIZES 07/27/2023 08/27/2023 40.15 823 100.05.71.00.6062 2229 RIB AUG 3 Invoice 6" DOUBLE PEG FASTENERS 12" 07/27/2023 08/24/2023 38.88 823 100.04.51.11.5415 2229 RIB AUG 1 Invoice GAS 07/27/2023 08/24/2023 34.80 823 100.04.51.11.5405 2229 RIB AUG 2 Invoice BLUE BLEND MOP TAILPIECE O-R 07/27/2023 08/24/2023 53.43 823 100.04.51.07.5405 2965ATAUG23 1 Invoice MILWAUKEE JOURNAL ONLINE 07/27/2023 08/24/2023 1.00 823 100.06.18.01.5701 3349sjAug23 2 Invoice KWIK TRIP FOOD FOR RED DOT T 07/27/2023 08/24/2023 41.43 823 100.02.20.01.5303 3349sjAug23 1 Invoice ROBINSON STREET COP SCHOOL 07/27/2023 08/24/2023 199.00 823 100.02.20.01.5303 3469blaAug23 2 Invoice RIM 4 PROJECTOR DIAGNOSTICS 07/27/2023 08/27/2023 50.00 823 100.05.71.00.5401 3469blaAug23 3 Invoice STAFF ONLY SIGNAGE & BIRD DE 07/27/2023 08/27/2023 120.22 823 100.05.71.00.5701 3469blaAug23 1 Invoice BUSINESS INTERNET 06.29.23-07. 07/27/2023 08/27/2023 109.98 823 100.05.71.00.5505 3897sgAug23 1 Invoice FOL- ADULTPROGRAMMING 07/27/2023 08/27/2023 13.68 823 100.05.71.00.5752 3905ahAug23 2 Invoice PR - HAPPY CAMPERS 07/27/2023 08/27/2023 8.73 823 100.05.71.00.6062 3905ahAug23 1 Invoice FOL - TEEN 07/27/2023 08/27/2023 147.01 823 100.05.71.00.5752 3921TDAug23 1 Invoice PLAYGROUND SUPPLIES/EQUIPM 07/27/2023 08/16/2023 131.23 823 100.05.72.16.5702 3921TDAug23 3 Invoice IDLE ISLE CONCESSION SUPPLIE 07/27/2023 08/16/2023 577.68 823 100.05.72.19.5702 3921TDAug23 2 Invoice PLAYGROUND FIELD TRIP 07/27/2023 08/16/2023 2,370.00 823 100.05.72.16.5820 3921TDAug23 4 Invoice BABYSITTING COURSE CERTIFIC 07/27/2023 08/16/2023 384.00 823 100.05.72.14.5730 4271 RP-AUG2 1 Invoice DOOR HANGERS FOR DPW 07/27/2023 08/24/2023 571.72 823 100.04.51.03.5743 5449nfAug23 1 Invoice CADET COMPETITION HOTEL TN 07/27/2023 08/24/2023 2,169.45 823 505.00.00.00.2636 5800JW-AUG2 2 Invoice WAUKESHA CO BAR ASSOC 07/27/2023 08/24/2023 65.00 823 100.01.05.00.5305 5800JW-AUG2 1 Invoice LEXIS NEXIS 07/27/2023 08/24/2023 316.00 823 100.01.05.00.5506 6353lwAug23 1 Invoice COURT SUPPLIES 07/27/2023 08/24/2023 127.27 823 100.01.08.00.5702 6353lwAug23 2 Invoice JUDGE'S HOTEL DEPOSIT SEPT C 07/27/2023 08/24/2023 90.00 823 100.01.08.00.5303 53 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Report dates: 8/10/2023-8/22/2023 Page: 3 Aug 24, 2023 08:52AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number 7106akAug23 1 Invoice CADET COMPETITION/TN 07/27/2023 08/24/2023 572.30 823 505.00.00.00.2636 7547GWAUG2 2 Invoice GROMMETS 07/27/2023 08/24/2023 13.25 823 100.05.71.00.5415 7547GWAUG2 5 Invoice WHIRLPOOL RANGE REPAIR 07/27/2023 08/24/2023 131.25 823 100.02.20.01.5415 7547GWAUG2 3 Invoice BATTERIES 07/27/2023 08/24/2023 382.94 823 100.02.20.01.5415 7547GWAUG2 4 Invoice VENDING 07/27/2023 08/24/2023 52.98 823 100.01.06.00.5702 7547GWAUG2 1 Invoice FILTERS OTH 07/27/2023 08/24/2023 170.42 823 100.05.71.00.5415 8312swAug23 1 Invoice SPRINTER REPAIRS 07/27/2023 08/24/2023 851.48 823 100.02.20.01.5405 8467krAug23 1 Invoice KR'S BUSINESS CARDS 07/27/2023 08/24/2023 36.74 823 100.01.03.01.5713 8467krAug23 3 Invoice POSTAGE_BOR DETERMINATION 07/27/2023 08/24/2023 7.45 823 100.01.04.00.5802 8467krAug23 2 Invoice POSTAGE -COMPLAINT 07/27/2023 08/24/2023 6.88 823 100.01.06.00.5710 8824 TB AUG 2 1 Invoice G3.2 HARD HATADAPTER 07/27/2023 08/24/2023 224.54 823 601.61.61.15.5425 8824 TB AUG 2 2 Invoice USPS ICE WATER SAMPLES 07/27/2023 08/24/2023 108.34 823 605.56.09.23.5865 Total CARDMEMBER SERVICE: 12,014.70 CARLIN SALES CORPORATION 7012735-00 1 Invoice HERBICIDE 08/09/2023 09/08/2023 345.57 823 215.06.00.00.5704 Total CARLIN SALES CORPORATION: 345.57 CINTAS CORP PW 416410368 1 Invoice MONTHLY CHARGES UNIFORMS 08/09/2023 09/23/2023 248.75 823 100.04.51.07.5704 UT 416410368 1 Invoice MONTHLY CHARGES UNIFORMS 08/09/2023 09/23/2023 51.46 823 605.56.09.21.5835 UT 416410368 2 Invoice MONTHLY CHARGES UNIFORMS 08/09/2023 09/23/2023 51.46 823 601.61.61.12.5702 Total CINTAS CORP: 351.67 CITY PRESS INC 224422 1 Invoice LETTERHEAD AND ENVELOPES 08/11/2023 08/16/2023 484.62 823 100.02.20.01.5723 Total CITY PRESS INC: 484.62 CIVIC SYSTEMS LLC CVC23789 1 Invoice LICENSE FEE MODULE & IMPLEM 07/31/2023 08/31/2023 4,770.00 723 100.01.06.00.5701 Total CIVIC SYSTEMS LLC: 4,770.00 COMPLETE OFFICE OF WIS 525541 3 Invoice TISSUE, TOWELS, LINERS 08/08/2023 09/07/2023 249.75 823 100.01.09.00.5703 525541 4 Invoice TISSUE, TOWELS, LINERS 08/08/2023 09/07/2023 127.14 823 100.04.51.11.5415 525541 5 Invoice TISSUE, TOWELS, LINERS 08/08/2023 09/07/2023 137.26 823 601.61.61.15.5415 525541 2 Invoice TISSUE, TOWELS, LINERS 08/08/2023 09/07/2023 435.84 823 100.02.20.01.5415 525541 1 Invoice TISSUE, TOWELS, LINERS 08/08/2023 09/07/2023 610.16 823 100.05.71.00.5703 525541 6 Invoice TISSUE, TOWELS, LINERS 08/08/2023 09/07/2023 2.45 823 100.01.06.00.5701 529800 1 Invoice PAPER 01/31/2023 03/02/2023 469.70 823 100.02.20.01.5723 Total COMPLETE OFFICE OF WIS: 2,032.30 CONLEY MEDIA, LLC 3340750723-2 1 Invoice BML PUBLIC HEARING NOTICE 08/02/2023 08/18/2023 246.72 823 250.01.00.00.5710 Total CONLEY MEDIA, LLC: 246.72 CORE & MAIN LP T308795 1 Invoice 8 MJ PLUG VLV BG 2" TX3-0984 08/04/2023 09/03/2023 2,695.00 823 601.61.61.16.5411 T368771 1 Invoice 2X1/8 RUBBER DROP -IN MTR GSK 08/14/2023 09/10/2023 160.00 823 605.54.06.53.5702 54 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 4 Report dates: 8/10/2023-8/22/2023 Aug 24, 2023 08:52AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number Total CORE & MAIN LP: 2,855.00 DIXON ENGINEERING INC 23-0833 1 Invoice DECOMMISSIONING INSPECTION 08/08/2023 09/08/2023 1,250.00 823 100.04.19.00.5815 Total DIXON ENGINEERING INC: 1,250.00 DOUSMAN TRANSPORT CO., INC 70-001374 1 Invoice FIELD TRIP BUSING BOWLING & 07/31/2023 08/30/2023 2,486.25 823 100.05.72.16.5820 Total DOUSMAN TRANSPORT CO., INC: 2,486.25 EAGLE MEDIA INC. 00136921/0013 1 Invoice DOG PARK RULE SIGN AND SIZE 08/11/2023 09/11/2023 252.00 823 202.08.94.74.6586 00137400 1 Invoice QUINN UNIFORMS O8/09/2023 09/08/2023 218.92 823 100.02.20.10.5151 00137413 1 Invoice TRUCK 16 PASSENGER DOOR 08/09/2023 08/24/2023 82.50 823 100.04.51.03.5743 Total EAGLE MEDIA INC.: 553.42 EVIDENT 233567A 1 Invoice HEAT SEAL EVIDENCE BAGS 08/07/2023 09/06/2023 441.46 823 100.02.20.01.5722 Total EVIDENT: 441.46 FAIRWAY GREEN LLC 40742 1 Invoice LIBRARY LATE SPRING AND SUM 08/02/2023 08/02/2023 150.00 823 100.05.71.00.5415 40744 1 Invoice CITY HALL LATE SPRING AND SU 08/02/2023 08/02/2023 250.00 823 100.01.09.00.5415 Total FAIRWAY GREEN LLC: 400.00 FINDAWAY WORLD LLC 437201 1 Invoice AV 07/31/2023 08/31/2023 71.99 823 100.05.71.02.5711 Total FINDAWAY WORLD LLC: 71.99 FIRST IMPRESSIONS WWD2023092 1 Invoice DONATION (PRUN) - WOMEN WH 07/13/2023 09/27/2023 170.00 823 503.05.00.00.6007 Total FIRST IMPRESSIONS: 170.00 FIRST RESPONDERS PSYCHOLOGICAL SERVICES 0723MKPD 1 Invoice THERAPY 08/09/2023 08/16/2023 800.00 823 100.02.20.01.5845 Total FIRST RESPONDERS PSYCHOLOGICAL SERVICES: 800.00 FLEET CHARGE 2313845P 1 Invoice CLAMP TRUCK # 15 08/01/2023 09/02/2023 130.01 823 100.04.51.07.5405 2314020P 1 Invoice ELECTRIC 192 VOLT 08/04/2023 09/03/2023 228.29 823 100.04.51.07.5405 Total FLEET CHARGE: 358.30 FRANKLIN AGGREGATES INC. 1882158 1 Invoice 44.12 TN 08/10/2023 09/09/2023 924.31 823 100.04.51.02.5741 Total FRANKLIN AGGREGATES INC.: 924.31 55 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 5 Report dates: 8/10/2023-8/22/2023 Aug 24, 2023 08:52AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number GAIL BARTZ LEVIN 5495 1 Invoice JULY PUNCH PASS YOGA INSTRU 08/14/2023 09/14/2023 350.00 823 100.05.72.13.5110 Total GAIL BARTZ LEVIN: 350.00 GALLS, LLC 025115580 1 Invoice MONREAL UNIFORMS 08/16/2023 08/16/2023 131.20 823 100.02.20.01.5151 025194835 1 Invoice MONREAL UNIFORMS 07/27/2023 08/16/2023 106.19 823 100.02.20.01.5151 Total GALLS, LLC: 237.39 GLEASON REDI MIX 324997 1 Invoice 6 BAG AIR & FUEL 08/08/2023 09/07/2023 1,572.00 823 100.04.51.04.5744 Total GLEASON REDI MIX: 1,572.00 GOVERMENTJOBS.COM INC INV-28808 1 Invoice NEOGOV - JOB POSTING SOFTW 06/24/2023 07/24/2023 5,530.00 823 100.01.01.01.5506 Total GOVERMENTJOBS.COM INC: 5,530.00 GRAEF INC 0127678 1 Invoice HRIN 4 LOT DEVELOPMENT 07/26/2023 08/26/2023 1,855.31 823 507.00.00.00.2783 0127679 1 Invoice MUSKEGO LAKES ESTATES 07/26/2023 08/26/2023 1,676.14 823 507.00.00.00.2761 0127680 1 Invoice PRESBYTERIAN HOMES 07/26/2023 08/26/2023 77.50 823 507.00.00.00.2768 0127685 1 Invoice COBBLESTONE COURT DEVELOP 07/26/2023 08/26/2023 165.54 823 507.00.00.00.2646 0127689 1 Invoice NORTHCAPE STORAGE FACILITY 07/26/2023 08/26/2023 1,335.00 823 507.00.00.00.2677 0127695 1 Invoice BIOTECH 07/26/2023 08/26/2023 367.50 823 507.00.00.00.2707 0127696 1 Invoice MUSKEGO HIGH SCHOOL ADDITI 07/26/2023 08/26/2023 312.50 823 507.00.00.00.2738 0127697 1 Invoice 2023 ROAD PROGRAM 07/26/2023 08/26/2023 25,416.00 823 100.07.51.02.6502 0127701 1 Invoice PEACH LANE 07/26/2023 08/26/2023 4,886.25 823 507.00.00.00.2760 0127702 1 Invoice MUSKEGO STORAGE ADDITION 07/26/2023 08/26/2023 1,900.00 823 507.00.00.00.2748 0127703 1 Invoice HILLENDALE DRIVE 07/26/2023 08/26/2023 21,685.48 823 410.08.91.19.6507 0127833 1 Invoice LANNON DRIVE BRIDGE 07/31/2023 08/30/2023 5,830.81 823 410.08.90.19.6511 0127908 1 Invoice BASELER HENNEBERRY DEVELO 08/02/2023 09/02/2023 5,356.55 823 507.00.00.00.2665 0127909 1 Invoice GWA CONSTRUCTION INSPECTIO 08/02/2023 09/02/2023 395.00 823 100.04.19.00.5815 0127910 1 Invoice GENERAL ENGINEERING SEWER 08/02/2023 09/02/2023 825.00 823 601.61.63.43.5815 0127911 1 Invoice NATIONALAUTO 08/08/2023 09/08/2023 2,432.50 823 507.00.00.00.2774 0127963 1 Invoice GENERAL ENGINEERING SERVIC 08/04/2023 09/04/2023 4,482.35 823 100.04.19.00.5815 0128005 1 Invoice INPRO CSM O8/08/2023 09/08/2023 417.50 823 507.00.00.00.2792 0128006 1 Invoice INPRO DEVELOPMENT 08/08/2023 09/08/2023 981.25 823 507.00.00.00.2792 0128027 1 Invoice KOHNE CSM 08/10/2023 09/10/2023 722.50 823 507.00.00.00.2714 Total GRAEF INC: 81,120.68 GRAINGER 9753218800 1 Invoice SPRING RETURN HOSE REEL 06/27/2023 07/27/2023 475.62 823 100.04.51.11.5415 Total GRAINGER: 475.62 HALQUIST STONE COMPANY 5561777-IN 1 Invoice MISSISSIPPI LARGE 2.18 TON 08/09/2023 09/08/2023 257.24 823 100.04.51.02.5741 Total HALQUIST STONE COMPANY: 257.24 HUMPHREY SERVICE PARTS 01P113759 1 Invoice 8G-8MPX 07/27/2023 08/26/2023 91.35 823 100.04.51.07.5405 01P114620 1 Invoice DUST SHIELD 3687 DRUM MERIT 08/01/2023 08/31/2023 906.72 823 100.04.51.07.5405 56 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 6 Report dates: 8/10/2023-8/22/2023 Aug 24, 2023 08:52AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number 01P115000 1 Invoice 4" COARSE STRIPPER DEF LEVE 08/08/2023 09/07/2023 164.05 823 100.04.51.07.5405 Total HUMPHREY SERVICE PARTS: 1,162.12 HYDROCORP 007213-IN 1 Invoice CROSS CONNECTION CONTROL 05/30/2023 06/29/2023 1,078.00 823 605.56.09.23.5815 Total HYDROCORP: 1,078.00 IDI IN533804 1 Invoice REVERSE LOOK UP 07/31/2023 08/16/2023 143.00 823 100.02.20.01.5722 Total IDI: 143.00 ITU ABSORB TECH INC MSOADW0000 1 Invoice MED SUPPLIES 07/26/2023 08/25/2023 68.65 823 100.04.51.08.5415 MSOADW0000 1 Invoice FINGERTIP BANDAGE & COUGH D 07/26/2023 08/25/2023 16.90 823 601.61.61.12.5702 Total ITU ABSORB TECH INC: 85.55 J.G. UNIFORMS INC 119546 1 Invoice SANDRETTI VEST CARRIER 08/14/2023 09/14/2023 235.49 823 100.02.20.01.5151 Total J.G. UNIFORMS INC: 235.49 JM BRENNAN INC. SALES000157 1 Invoice OLD TOWN HALL 05/31/2023 08/18/2023 424.40 823 100.04.51.11.5820 Total JM BRENNAN INC.: 424.40 KAESTNER AUTO ELECTRIC CO 424802 1 Invoice PARTS # 7 & # 16 08/01/2023 08/31/2023 462.00 823 100.04.51.07.5405 Total KAESTNER AUTO ELECTRIC CO: 462.00 KIESLER'S POLICE SUPPLY INC IN217914 1 Invoice RED DOT TRAINING NIGHT SITES 06/20/2023 07/20/2023 300.15 823 100.02.20.01.5720 IN218786 1 Invoice RED DOT NIGHT SIGHTS 07/10/2023 08/09/2023 700.35 823 100.02.20.01.5720 IN219446 1 Invoice RED DOT TRAINING HOLSTERS 07/17/2023 08/16/2023 498.78 823 100.02.20.01.5720 Total KIESLER'S POLICE SUPPLY INC: 1,499.28 KNOX CO. INV-KA-208385 1 Invoice TIPSY TURTLE S90W13970 BOXH 07/31/2023 08/30/2023 519.00 823 100.02.25.00.5704 Total KNOX CO.: 519.00 KUJAWA ENTERPRISES INC. 236813 1 Invoice 08AUG 23 PLANT MAINT 08/01/2023 09/01/2023 61.00 823 100.05.71.00.5415 Total KUJAWA ENTERPRISES INC.: 61.00 LANG'S TRUCKING & GRADING 383036 1 Invoice CHOC BROWN MULCH 10 YDS 08/01/2023 08/31/2023 350.00 823 601.61.61.15.5415 Total LANG'S TRUCKING & GRADING: 350.00 57 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 7 Report dates: 8/10/2023-8/22/2023 Aug 24, 2023 08:52AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number LANGUAGE LINE SERVICES, INC. 11074354 1 Invoice INTERPRETER- DAVID CAPITANT 07/31/2023 08/31/2023 8.64 823 100.01.08.00.6004 Total LANGUAGE LINE SERVICES, INC.: 8.64 LAWSON PRODUCTS INC. 9310806020 1 Invoice THERMAPOD WHITE 1/4X3" THE 07/31/2023 08/30/2023 597.95 823 100.04.51.07.5405 Total LAWSON PRODUCTS INC.: 597.95 LEAGUE OF WISC MUNICIPALITIES 86277 1 Invoice CHIEF EXEC SUMMER WORKSHO 08/17/2023 09/17/2023 210.00 823 100.01.01.00.5303 Total LEAGUE OF WISC MUNICIPALITIES: 210.00 LEGACY RECYCLING 3308 1 Invoice EMERALD PARK LANDFILL JULY2 08/07/2023 09/07/2023 1,306.81 823 205.03.00.00.5820 Total LEGACY RECYCLING: 1,306.81 LYNCH MOTOR VEHICLE GROUP INC K230370 1 Invoice 23 CHEVROLET 1500 08/11/2023 09/11/2023 44,355.00 823 410.08.93.51.6507 Total LYNCH MOTOR VEHICLE GROUP INC: 44,355.00 M.W. MARINE mwmarinepd 1 Invoice BOAT MOTOR 08/16/2023 08/16/2023 9,895.00 823 100.02.20.01.5115 Total M.W. MARINE: 9,895.00 MENARDS 43234 1 Invoice RP SELF -LEVEL REFINISHER TO 07/25/2023 08/24/2023 58.47 823 100.04.51.04.5744 43603 1 Invoice PAINT 3PC BRUSH TRAY BOARD 08/01/2023 08/31/2023 204.83 823 100.04.51.11.5415 Total MENARDS: 263.30 MIDWEST TAPE 504144659 1 Invoice AV 08/01/2023 09/01/2023 42.99 823 100.05.71.02.5711 Total MIDWESTTAPE: 42.99 MILW MET. SEWERAGE DISTRICT 177-23 1 Invoice APRILJUNE 23 08/09/2023 09/25/2023 23,907.85 823 601.61.61.02.6071 Total MILW MET. SEWERAGE DISTRICT: 23,907.85 MISS BECKY LLC 810 1 Invoice CLASS INSTRUCTION SUMMER D 08/06/2023 09/06/2023 1,826.25 823 100.05.72.13.5110 Total MISS BECKY LLC: 1,826.25 MUSKEGO NORWAY SCHOOL DISTRICT august72023 1 Invoice FACILITY USE FEES APRIL-JUNE 2 08/07/2023 09/07/2023 840.00 823 100.05.72.10.5420 Total MUSKEGO NORWAY SCHOOL DISTRICT: 840.00 NORD CONSTRUCTION LLC 430-23 1 Invoice MYSTIC DRIVE WORK 08/04/2023 09/03/2023 6,178.00 823 100.04.51.01.5820 58 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 8 Report dates: 8/10/2023-8/22/2023 Aug 24, 2023 08:52AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number Total NORD CONSTRUCTION LLC: 6,178.00 NTERONE CORP 22238 1 Invoice SECURITY/VEEAM CLASSES 08/08/2023 08/09/2023 5,430.00 823 100.01.14.00.5301 Total NTERONE CORP: 5,430.00 OCCUPATIONAL HEALTH CENTERS 103809741 1 Invoice RANDOM TESTING - DPW 07/19/2023 08/25/2023 159.00 823 605.56.09.30.5305 Total OCCUPATIONAL HEALTH CENTERS: 159.00 OPG-3, INC 7037 1 Invoice HR INFRASTRUCTURE 08/04/2023 09/03/2023 4,100.00 623 410.08.90.01.6505 Total OPG-3, INC: 4,100.00 PAWLAK, KEVIN & DANA 2286986/08222 1 Invoice TAX REFUND/21 08/10/2023 08/22/2023 291.17 823 501.00.00.00.2120 Total PAWLAK, KEVIN & DANA: 291.17 PERRILL 260619 1 Invoice ROWAYWEB APPS 08/01/2023 08/31/2023 85.00 823 100.04.19.00.5815 Total PERRILL: 85.00 PINKY ELECTRIC INC. 4566 1 Invoice 74 HRS LABOR & MATERIALS TO 08/02/2023 08/12/2023 13,229.00 823 601.00.00.00.1924 4567 1 Invoice 10-3/4 AMP FUSES FOR MORELAN O8/02/2023 08/12/2023 120.00 823 601.61.61.16.5411 4568 1 Invoice OUTDOOR GENERATOR PLUG & 08/12/2023 08/22/2023 1,288.00 823 601.61.61.15.5415 4569 1 Invoice 7 LAMPS IDLE ISLE & 4 FUSE HOL 08/12/2023 08/22/2023 630.00 823 100.04.51.11.5916 4598 1 Invoice 7 HRS LABOR & MATERIALS TO R 08/11/2023 08/21/2023 2,730.00 823 410.08.93.51.6502 4599 1 Invoice 30 HRS LABOR & MATERIALS TO 08/11/2023 08/21/2023 8,075.00 823 605.52.06.25.5101 Total PINKY ELECTRIC INC.: 26,072.00 POSTMASTER OF MUSKEGO FALGUIDE 1 Invoice FALL PROGRAM GUIDE POSTAGE O8/16/2023 08/22/2023 1,985.92 823 100.05.72.10.5820 Total POSTMASTER OF MUSKEGO: 1,985.92 PROHEALTH CARE 10003375957 1 Invoice BLOOD DRAWS 08/01/2023 08/16/2023 297.04 823 100.02.20.01.5722 Total PROHEALTH CARE: 297.04 QUILL LLC 171708430 1 Invoice PAPER PADS & SHARPIES 08/09/2023 09/08/2023 71.57 823 100.04.51.01.5701 Total QUILL LLC: 71.57 R.S. PAINT & TOOLS LLC 321911 1 Invoice GREEN FLUORESCENT MARKING O8/07/2023 09/06/2023 225.12 823 100.04.51.04.5744 Total R.S. PAINT & TOOLS LLC: 225.12 59 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Report dates: 8/10/2023-8/22/2023 Page: 9 Aug 24, 2023 08:52AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number REGISTRATION FEE TRUST VACTOR 1 Invoice TITLE & LIC VACTOR 08/16/2023 09/16/2023 169.50 823 605.00.00.00.1962 Total REGISTRATION FEE TRUST: 169.50 RON GRAHAM 081023 1 Invoice BUILDER DEPOSIT REFUND 08/10/2023 08/10/2023 2,535.00 823 507.00.00.00.2794 Total RON GRAHAM: 2,535.00 RUEKERT & MIELKE INC 147738 1 Invoice 2021 PPI/I 06172023 - 07142023 08/01/2023 09/01/2023 1,383.50 823 601.65.00.00.6516 147739 1 Invoice AGATE PUMP STATION 06172023 - 08/01/2023 09/01/2023 155.50 823 601.00.00.00.1903 147740 1 Invoice 2022 PP 1/1 04282023 - 07142023 08/01/2023 09/01/2023 458.25 823 601.65.00.00.6516 147741 1 Invoice SCADA SERVICE HOURLY 08/01/2023 08/31/2023 1,346.63 823 601.61.63.42.5430 147741 2 Invoice SCADA SERVICE HOURLY 08/01/2023 08/31/2023 1,346.63 823 605.56.09.23.5620 Total RUEKERT & MIELKE INC: 4,690.51 SEBERT 19151 2 Invoice AUGUST 2023 - LAWN MAINTENA 08/31/2023 08/31/2023 1,500.00 823 100.05.71.00.5415 19151 6 Invoice AUGUST 2023 - LAWN MAINTENA 08/31/2023 08/31/2023 1,375.00 823 601.65.00.00.6220 19151 3 Invoice AUGUST 2023 - LAWN MAINTENA 08/31/2023 08/31/2023 1,687.50 823 100.01.09.00.5415 19151 5 Invoice AUGUST 2023 - LAWN MAINTENA 08/31/2023 08/31/2023 5,625.00 823 100.04.51.11.5820 19151 1 Invoice AUGUST 2023 - LAWN MAINTENA 08/31/2023 08/31/2023 687.50 823 100.02.20.01.5415 19151 4 Invoice AUGUST 2023 - LAWN MAINTENA 08/31/2023 08/31/2023 7,500.00 823 100.01.06.00.5820 Total SEBERT: 18,375.00 SERVICE SANITATION WISCONSIN INC 8674902/03/04/ 1 Invoice PORTABLE TOILETS AUGUST BOA 08/01/2023 09/03/2023 356.00 823 100.04.51.11.5820 8674908/09 1 Invoice PORTABLE TOILETS JULY CONSE 08/01/2023 09/03/2023 178.00 823 215.06.00.00.5801 8674910/11/12/ 1 Invoice PORTABLE TOILETS AUGUST PAR 08/01/2023 09/03/2023 534.00 823 100.04.51.11.5820 Total SERVICE SANITATION WISCONSIN INC: 1,068.00 SHERWIN-WILLIAMS CO. 2340-5 1 Invoice GLASS BEADS 50# BAG 07/12/2023 08/11/2023 4,677.00 823 100.04.51.02.5742 Total SHERWIN-WILLIAMS CO.: 4,677.00 SHI INTERNATIONAL CORP B17210026 1 Invoice ANNUALAIRTAMES MAINT. 08/07/2023 09/07/2023 713.90 823 100.01.14.00.5507 Total SHI INTERNATIONAL CORP: 713.90 SINGLE SOURCE INC 23-201 1 Invoice APPRAISAL HILLENDALE DR 07/25/2023 07/25/2023 2,400.00 823 601.65.00.00.6220 Total SINGLE SOURCE INC: 2,400.00 SIRCHIE ACQUISITION COMPANY LLC 0603273-1N 1 Invoice EVIDENCE BOX/GUNS 08/01/2023 08/16/2023 105.72 823 100.02.20.01.5722 Total SIRCHIE ACQUISITION COMPANY LLC: 105.72 SITEONE LANDSCAPE SUPPLY LLC 133307998-00 1 Invoice LESCO PREMIUM ATHLETIC SEED 08/09/2023 09/15/2023 150.98 823 100.04.51.05.5704 60 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Report dates: 8/10/2023-8/22/2023 Page: 10 Aug 24, 2023 08:52AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number Total SITEONE LANDSCAPE SUPPLY LLC: 150.98 SOFT WATER INC softwaterpd 1 Invoice REVERSE OSMOSIS MAINTENAN 07/31/2023 08/16/2023 152.00 823 100.02.20.01.5415 Total SOFT WATER INC: 152.00 SPECTRUM 015280508062 1 Invoice MOORELAND PARK CONNECTION 08/06/2023 08/23/2023 119.98 823 100.04.51.11.5415 Total SPECTRUM: 119.98 STUMP GRINDING 4 LESS 5846 1 Invoice 1439 STUMPS 08/10/2023 09/20/2023 6,475.50 823 100.04.51.01.5820 Total STUMP GRINDING 4 LESS: 6,475.50 TAPCO INC. 1759090 1 Invoice SIGNS 07/31/2023 08/30/2023 167.39 823 100.04.51.03.5743 1759383 1 Invoice SIGNS 08/03/2023 09/02/2023 308.84 823 100.04.51.03.5743 Total TAPCO INC.: 476.23 TIME FOR ME summer1-2023 1 Invoice CLASS INSTRUCTION MUSIC MAK 08/01/2023 09/01/2023 148.00 823 100.05.72.18.5110 Total TIME FOR ME: 148.00 TREETOP EXPLORER, LLC 22-560 1 Invoice CLASS INSTRUCTION TREE TOP 08/16/2023 08/30/2023 456.00 823 100.05.72.13.5110 Total TREETOP EXPLORER, LLC: 456.00 UIHLEIN SOCCER PARK 154721 1 Invoice SUMMER MIKRO CLASS INSTRUTI 08/16/2023 09/16/2023 7,664.00 823 100.05.72.13.5110 Total UIHLEIN SOCCER PARK: 7,664.00 UNEMPLOYMENT INSURANCE 000012622937 1 Invoice WRENN - BENEFITS 08/03/2023 08/23/2023 1,480.00 823 100.01.06.00.6020 Total UNEMPLOYMENT INSURANCE: 1,480.00 UNIVERSAL PRINTING SOLUTIONS INC 257701 1 Invoice TONER 07/24/2023 08/24/2023 308.45 823 100.01.14.00.5506 Total UNIVERSAL PRINTING SOLUTIONS INC: 308.45 US CELLULAR 595440464 1 Invoice MONTHLY CHARGE-PD 07/28/2023 08/22/2023 80.98 823 100.02.20.01.5604 595440464 2 Invoice MONTHLY CHARGE - WATER SCA 07/28/2023 08/22/2023 31.52 823 605.56.09.21.5607 595440464 5 Invoice MONTHLY CHARGE - FINANCE 07/28/2023 08/22/2023 30.00 823 100.01.03.00.5601 595440464 3 Invoice MONTHLY CHARGE - SEWER SCA 07/28/2023 08/22/2023 31.52 823 601.61.63.42.5606 595440464 4 Invoice MONTHLY CHARGE - IS 07/28/2023 08/22/2023 9.59 823 100.01.14.00.5601 595440464 6 Invoice MONTHLY CHARGE - DPW 07/28/2023 08/22/2023 65.04 823 100.04.51.01.5605 61 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Report dates: 8/10/2023-8/22/2023 Page: 11 Aug 24, 2023 08:52AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number Total US CELLULAR: 248.65 VIC'S WHOLESALE INC 245295 1 Invoice IDLE ISLE CONCESSION SUPPLIE 06/07/2023 08/30/2023 127.96 823 100.05.72.19.5702 Total VIC'S WHOLESALE INC: 127.96 VON BRIESEN & ROPER S.C. 426802 1 Invoice PROF SVCS - BARGAINING 05/31/2023 07/01/2023 2,668.06 823 100.01.05.00.5805 432472 1 Invoice PROF SVCS-PERSONNEL 08/07/2023 09/07/2023 195.00 823 100.01.05.00.5805 432473 1 Invoice PROF SVCS - GENERAL 08/07/2023 09/07/2023 97.50 823 100.01.05.00.5805 Total VON BRIESEN & ROPER S.C.: 2,960.56 WARRIOR WASH LLC warriorwashjuly 1 Invoice SQUAD WASHES 08/01/2023 08/16/2023 108.00 823 100.02.20.01.5405 Total WARRIOR WASH LLC: 108.00 WAUKESHA COUNTY 858319 1 Invoice BASELER 07/24/2023 08/18/2023 30.00 823 507.00.00.00.2665 Total WAUKESHA COUNTY: 30.00 WAUKESHA COUNTY CLERK OF CIRCUIT COURT clerkofcourtradt 1 Invoice JUSTIN RADTKE BOND 08/08/2023 08/16/2023 1,000.00 823 100.02.20.01.4272 clerkofcourtspin 1 Invoice BOND BRIATH ETHAN SPINGOLA 08/09/2023 08/09/2023 1,000.00 823 100.02.20.01.4272 Total WAUKESHA COUNTY CLERK OF CIRCUIT COURT: 2,000.00 WAUKESHA COUNTY TREASURER 2023-2004008 1 Invoice INMATE BILING 08/02/2023 08/16/2023 19.72 823 100.02.20.01.5722 Total WAUKESHA COUNTY TREASURER: 19.72 WE ENERGIES 4679899170 1 Invoice LIBRARY (00118) 08/02/2023 08/24/2023 7,961.38 823 100.05.71.00.5910 4679899170 2 Invoice AREA LIGHTING (00118) 08/02/2023 08/24/2023 122.11 823 100.04.51.11.5910 4679899170 3 Invoice HIST TOWN HALL (00118) 08/02/2023 08/24/2023 283.63 823 100.04.51.11.5910 4679903415 5 Invoice WATER - 25% (00004) 08/02/2023 08/24/2023 8.18 823 605.56.09.21.5910 4679903415 1 Invoice PD - 53% (00004) 08/02/2023 08/24/2023 378.23 823 100.02.20.01.5910 4679903415 3 Invoice GARAGE - 50% (00004) 08/02/2023 08/24/2023 16.36 823 100.04.51.08.5910 4679903415 4 Invoice SEWER - 25% (00004) 08/02/2023 08/24/2023 8.18 823 601.61.61.20.5910 4679903415 2 Invoice CH - 47% (00004) 08/02/2023 08/24/2023 335.41 823 100.01.09.00.5910 4679903471 1 Invoice LS GROUP - SEWER (00001) 08/02/2023 08/24/2023 7,928.62 823 601.61.61.20.5910 4679907222 3 Invoice GARAGE - 50% (00003) 08/02/2023 08/24/2023 1,374.15 823 100.04.51.08.5910 4679907222 4 Invoice SEWER - 25% (00003) 08/02/2023 08/24/2023 687.01 823 601.61.61.20.5910 4679907222 5 Invoice WATER - 25% (00003) 08/02/2023 08/24/2023 687.02 823 605.56.09.21.5910 4679907222 1 Invoice PD - 53% (00003) 08/02/2023 08/24/2023 5,431.70 823 100.02.20.01.5910 4679907222 2 Invoice CH - 47% (00003) 08/02/2023 08/24/2023 4,816.79 823 100.01.09.00.5910 4681587669 1 Invoice GAS/ELEC FOR WELLS/PUMPS (0 08/03/2023 08/25/2023 10,377.35 823 605.52.06.22.5910 4686919535 1 Invoice STREET LIGHTING (00120) 08/08/2023 08/30/2023 5,798.83 823 100.04.51.06.5910 469039044 1 Invoice PARKS DEPARTMENT (00123) 08/10/2023 09/01/2023 1,411.51 823 100.04.51.11.5910 Total WE ENERGIES: 47,626.46 62 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Report dates: 8/10/2023-8/22/2023 Page: 12 Aug 24, 2023 08:52AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number WIND LAKE AUTO PARTS 1975 JULY 23 6 Invoice DEXRON TRANS FILTER 07/31/2023 08/30/2023 84.74 823 100.04.51.11.5405 1975 JULY 23 2 Invoice SNAP IN VALVE TMPS SENSOR 07/31/2023 08/30/2023 26.77 823 601.61.61.21.5306 1975 JULY 23 5 Invoice TREAD DEPTH GAGE MOUNTING 07/31/2023 08/30/2023 27.21 823 100.04.51.07.5405 1975 JULY 23 4 Invoice NEW WASHER PUMP 07/31/2023 08/30/2023 25.19 823 100.02.20.01.5405 1975 JULY 23 1 Invoice GLASS FUSE 07/31/2023 08/30/2023 10.29 823 601.61.61.16.5411 1975 JULY 23 3 Invoice SNAP IN VALVE TMPS SENSOR 07/31/2023 08/30/2023 26.77 823 605.56.09.33.5735 Total WIND LAKE AUTO PARTS: 200.97 WISCONSIN BUILDING INSPECTION LLP 226 1 Invoice JULY INSPECTION SERVICES 08/09/2023 08/09/2023 15,745.85 823 100.02.25.00.5820 Total WISCONSIN BUILDING INSPECTION LLP: 15,745.85 WISCONSIN RURAL WATER ASSOC 4652 1 Invoice CONSOLIDATED SAFETYTRAININ 08/11/2023 09/10/2023 178.39 823 601.61.61.12.5228 Total WISCONSIN RURAL WATER ASSOC: 178.39 WISCONSIN SUPREME COURT Seminar2023 1 Invoice COURT CLERK CONFERENCE 202 08/08/2023 09/29/2023 40.00 823 100.01.08.00.5303 Total WISCONSIN SUPREME COURT. 40.00 WOOD COUNTY CHILD SUPPORT woodcountywar 1 Invoice WOOD COUNTY WARRANT - BRIA 08/16/2023 08/16/2023 1,352.03 823 100.02.20.01.4272 Total WOOD COUNTY CHILD SUPPORT: 1,352.03 WOODLAND RESTORATION LLC 20230823-003 1 Invoice MARSHLAND CAMPS 08/03/2023 08/03/2023 1,010.50 823 250.01.00.00.6606 Total WOODLAND RESTORATION LLC: 1,010.50 Grand Totals: 388.758.01 Report Criteria: Detail report. Invoices with totals above $0 included. Paid and unpaid invoices included. [Report]. Description = (—) "1099 adjustment' 63 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #053-2023 RESOLUTION OF ELIGIBILITY FOR EXEMPTION FROM THE COUNTY LIBRARY TAX LEVY FOR 2024 WHEREAS, The City of Muskego seeks an exemption from the county library tax and must submit a Notice of Exemption to the Bridges Library System no later than September 30, 2023; and WHEREAS, Pursuant to Wisconsin Statutes §43.64, the City of Muskego must certify that during budget year 2024, its library will be provided and be allowed to expend no less than the County Library tax rate in the prior year; and WHEREAS, Said Notice of Exemption must be supported by a duly enacted ordinance or resolution of the governing body of the City of Muskego; and WHEREAS, The Finance Committee has recommended approval. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby pledge that it will appropriate and allow the library to expend no less than a rate of $0.215554 per $1,000 of the actual state Equalized Value amount for the community that is published by the State of Wisconsin in August. BE IT FURTHER RESOLVED That the Mayor is authorized to sign and submit the Notice of Exemption in the name of the City of Muskego to the Bridges Library System by September 30, 2023. DATED THIS 5th DAY OF SEPTEMBER 2023. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #053-2023, which was adopted by the Common Council of the City of Muskego. City Clerk 9/23cmc 64 eridges LIBRARY SYSTEM Bringing libraries together 741 N. Grand Ave., #210 Waukesha, WI 53186 P 262.896.8080 W bridges Iibra rysystem.org To: Chief Elected Officials/Administrators in Municipalities with Libraries, Library Directors From: Karol Kennedy, Bridges Library System Director Re: Waukesha County Library Tax Exemption Notice Date: August 16, 2023 Annually Waukesha County sets a special levy for library services. The funds are distributed to the county's public libraries to compensate them for use by non-residents. State law (ss. 43.64(2) Wisc. Statutes) provides that municipalities with libraries may avoid double taxation and exempt themselves from this special levy if they meet certain conditions: • Exempting library municipalities must levy and expend an amount equal to or greater than the mill rate set by Waukesha County in the preceding year with the exception of joint libraries whose participating municipalities have an alternate option for exempting which is to levy and expend an amount not less than the average of the previous 3 years (ss.43.64 (2)(c)). • Exempting library communities are required to provide written notification to the county annually. • The County Code requires that the notification be from the local governing body rather than from the clerk alone. • The County Code also requires a deadline of September 30 so that the County Executive Budget available to supervisors and the general public can properly reflect the county library taxation levels in the Adopted Budget in November. • Exempting communities must also have a library that meets or exceeds minimum service levels and quality assurance standards (included in the Waukesha County Library Services Plan and formally adopted by the Waukesha County Board of Supervisors in 2022) which are certified by the library board. (The libraries have already received their standards certification letters.) If you would like to exempt your municipality from the Waukesha County library tax, the form (on page 2), Request for Exemption from Waukesha County Library Levy 2023 Tax for 2024 Purposes must be completed, approved by the municipality's governing body, signed, and returned to Bridges Library System no later than September 30, 2023. A copy of your adopted municipal ordinance or resolution certifying that your library appropriation meets or exceeds the requirements is also required. Email submission is acceptable as long as the form includes the actual signature. Thank you for providing library services to our citizens. Strong libraries build strong communities and your commitment to support your library is vital and valued! Request for Exemption from Waukesha County Library Levy 2023 Tax for 2024 Purposes Name of Community: Name of library: We recognize that, pursuant to 43.64 of Wisconsin Statutes, to obtain an exemption from the 2023 county library levy for 2024 purposes, the municipality must certify that during budget year 2024, its library will be provided and be allowed to expend no less than the county library tax rate in the prior year, $0.215554 per $1,000 Equalized Value. In the case of a joint library, an alternate exemption option exists pursuant to ss 43.64 (2) (c). Under this language, each participating municipality in the joint library has the option to certify that during its budget year 2024, the library will be provided and allowed to expend no less than the average of the funding levels of the previous 3 years. We further recognize that, pursuant to state law, listed funding must be only from municipal sources, not the entire library budget. Reported amounts must exclude fines, fees, and other revenues. Capital expenditures are excluded as well. I am authorized to certify that the governing body of the municipality has enacted an ordinance or resolution pledging that it will appropriate and allow the library to expend no less than a rate of $0.215554 per $1,000 of the actual state Equalized Value amount for the community that was published by the state on August 15, 2023 or, in the case of a joint library whose municipality may choose this option, that the participating municipality will appropriate and allow the library to expend no less than the average of the funding levels of the previous 3 years. The community meets its requirement stated above and is therefore eligible for exemption from the 2023 Waukesha County library levy. Name and Title of Person filling out this form: Signature Date This form, along with a copy of the municipal resolution/ordinance, must be filed no later than September 30, 2023. Send to: Bridges Library System 741 N. Grand Avenue, Suite 210 Waukesha, WI 53186 Or email to kkennedv@bridgeslibrarVsystem.org 66 COMMON COUNCIL — CITY OF MUSKEGO RESOLUTION #054-2023 APPROVAL OF BOND REDUCTION FOR Home Path Financial LP WHEREAS, Home Path Financial LP (Cobblestone) entered into a Development Agreement with the City to construct the Cobblestone Court development on Janesville Road across from the entrance to Park Drive; and WHEREAS, The project has been completed per the Development Agreement and to the satisfaction of the Director of Public Works and Development; and WHEREAS, Home Path Financial LP has submitted a request for a reduction to its Performance Bond; and WHEREAS, The Public Works and Development Director has recommended that the bond be reduced by $60,651.24, leaving a remaining balance of $0.00. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve that the Performance Bond for Home Path Financial LP be reduced by $60,651.24 with a remaining balance of $0.00. DATED THIS 5th DAY OF SEPTEMBER 2023. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #054-2023, which was adopted by the Common Council of the City of Muskego. City Clerk 9/23cmc 67 �„�iSKEGO Reports and Presentations to Finance/Common Council To: Finance/Common Council From: Scott Kroeger Department: Public Works & Development Subject: Home Path Financial LP (Cobblestone) Bond Reduction Date: September 5, 2023 Background Information: Home Path Financial LP (Cobblestone) entered into a Developer's Agreement with the City to construct the Cobblestone Court development on Janesville Road across from the entrance to Park Drive. The project has been completed. The recommendation is to reduce the Bond by $60,651.24. The Bond would be reduced from $60,651.24 to $0. Key Issues for Consideration: • Bond reduction breakdown Recommendation for Action by Committee and/or Council: The Finance/Common Council approve the Home Path Financial LP (Cobblestone) bond reduction $60,651.24 to $0. Date of Committee Action: September 5, 2023 Planned Date of Council Action (if required): September 5, 2023 Total $ Needed: S Fiscal Note(s): N/A $ Budgeted: N/A Expenditure Account(s) to Be Used: # (3/2019) 68 COST BREAKDOWN Cobblestone Developmem February 25, 2022 Proposed Cost LOC Red No.1 LOC Red No. 2 LOC Red No. 3 LOC Red No. 4 LOC Red No. 5 ADJ. BAL. #1 ROAD CONSTRUCTION a. Stone/ $ 23,868.02 $ 23,868.02 $ b. Binder/Final Lift of Asphalt (including final inlet adjustments)/curb $ 130,100.00 $ 90,819.89 $ 39,280.11 $ c. Recreational Trail or Sidewalk $ 1,035.09 $ 1,035.09 $ d. Other (pavement marking) $ - $ e. Engineering Inspections (estimate only) $ 17,050.34 $12,787.76 $ 4,262.59 $ (0.00) $ 172,053.45 $ 23,868.02 $ 104,642.74 $ - $ 43,542.70 $ (0.00) #2 SITE GRADING/LANDSCAPING/RESTORATIOr a. Erosion control $ 19,198.68 $14,399.01 $4,799.67 $ b. Site Grading $ 185,508.66 $139,131.50 $46,377.17 $ c. Landscaping (street trees, prairie) $ 5,000.00 $5,000.00 $ d. Site Restoration (topsoil/seed or sod as required) $ 16,889.55 $16,889.55 $ e. Clear and Grub Site $ - $ f Allowances $ 326,866.00 $326,866.00 $ g. Engineering Inspections (estimate only) $ 60,880.92 $45,660.69 $15,220.23 $ - $ 614,343.81 $199,191.19 $410,152.61 $5,000.00 $0.00 #4 SANITARY SEWER SYSTEM a. Mains & Manholes $ 130,664.03 $ 117,597.63 $13,066.40 $ b. Laterals $ 39,335.97 $ 39,335.97 $ c. Pumping station & Generator $ - $ d. Force main $ - $ e. Grinder pumps &chamber-indiv dwelling $ - $ f Engineering Inspections (estimate only) $ 18,700.00 $ 16,830.00 $1,870.00 $ g. Other (Cleaning By Contractor & TV by City) $ - $ 188,700.00 $ 173,763.60 $14,936.40 $0.00 $0.00 #5 WATER MAIN SYSTEM a. Mains, valves & manholes $ 136,287.26 $ 122,658.53 $13,628.73 $ b. Hydrants, valves & leads $ 14,999.62 $ 14,999.62 $ c. Water services $ 48,413.12 $ 48,413.12 $ d. Well & pumphouse $ - $ e. Engineering Inspections (estimate only) $ 21,967.00 $ 19,770.30 $2,196.70 $ f Other $ - $ - $ 221,667.00 $ 205,841.57 $15,825.43 $0.00 $0.00 #6 STORM SEWER SYSTEM a. Mains & manholes $ 79,742.22 $ 71,768.00 $7,974.22 $ b. Inlets $ - $ c. Laterals + Sump Lines $ 11,676.94 $ 11,676.94 $ d. Headwalls/discharge structures $ 7,280.84 $ 7,280.84 $ e. Engineering Inspections (estimate only) $ 10,857.00 $ 9,771.30 $1,085.70 $ f. Other $ - $ - $ 109,557.00 $ 100,497.08 $9,059.92 $0.00 $0.00 #7 SPECIAL/MISC IMPROVEMENTS a. Street lights ( WE Energies Lights) $ 5,000.41 $5,000.41 $ b. Street signs $ - $ c. Other- Retaining Wall $ 15,000.00 $15,000.00 $ - $ 20,000.41 $0.00 $20,000.41 $0.00 $0.00 #8 FEES a. City administration $ $ b. Engineering Design and Admin and Testing $ 5,000.00 $4,000.00 $1,000.00 $ C. Engineering -As builts for underground (by City consultant) $ 10,000.00 $10,000.00 $ - d. Engineering- Survey & Grading As -built $ 10,000.00 $9,000.00 $1,000.00 $ e. Legal $ - $ f. Other $ - $ $ 25,000.00 $ $23,000.00 $2,000.00 $ TOTAL PROJECT ESTIMATE $ 1,351,321.67 $ 480,102.25 $223,059.21 $104,642.74 $ 492,974.78 $ 50,542.70 $ (0.00) 120 % = LETTER OF CREDIT AMOUNT $ 1,621,586.00 $576,122.70 $267,671.06 $125,571.28 $591,569.73 $60,651.24 $ 0.00 LOC Remaining 21,585.99 LOC Reduction with the $ 1,621,586.00 69 COMMON COUNCIL — CITY OF MUSKEGO RESOLUTION #055-2023 APPROVAL OF LETTER OF CREDIT REDUCTION FOR PHW Muskego, Inc. WHEREAS, PHW Muskego, Inc. entered into a Developer's Agreement with the City for the Presbyterian Homes development on Janesville Road at old Tess Corners School; and WHEREAS, The project has progressed well such that all of the work associated with the public infrastructure has been completed per the Development Agreement and to the satisfaction of the Director of Public Works and Development; and WHEREAS, As a result thereof, PHW Muskego, Inc. has submitted a request for a reduction to its Letter of Credit; and WHEREAS, The Public Works and Development Director has recommended that the Letter of Credit be reduced by $143,862.46, leaving a remaining balance of $0.00. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve that the current amount remaining on the Letter of Credit for PHW Muskego, Inc. be reduced from $143,862.46 to $0. DATED THIS 5th DAY OF SEPTEMBER 2023. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #055-2023, which was adopted by the Common Council of the City of Muskego. City Clerk 9/23cmc 70 �„�iSKEGO Reports and Presentations to Finance Committee and Common Council To: Finance Committee & Common Council From: Scott Kroeger Department: Public Works and Development Subject: Reduction of LOC for PHW Muskego, Inc. Date: September 5, 2023 PHW Muskego, Inc. entered into a Development Agreement with the City for the development on Janesville Road at the old Tess Corners School. This is the Presbyterian Homes development. All work associated with public infrastructure has been completed. The recommendation is to reduce the LOC by $143,862.46. The LOC would be reduced from $143,862.46 to $0. Key Issues for Consideration: Attachments 1. Cost Breakdown Review for PHW Muskego, Inc. LOC Reduction Recommendation for Action by Committee and/or Council: Approval that the PHW Muskego, Inc. LOC to be reduced by $143,862.46. The LOC would be reduced from $143,862.46 to $0. Date of Committee Action: Finance Committee September 5, 2023 Planned Date of Council Action (if required): September 5, 2023 Total $ Needed: N/A Fiscal Note(s): N/A $ Budgeted: $0.00 Expenditure Account(s) to Be Used: # N/A (3/2019) 71 COST BREAKDOWN Presbyterian Homes September 22, 2021 #1 ROAD CONSTRUCTION a. Stone/Binder Lifts of Asphalt/Curb & Gutter b. Final Lift of Asphalt (including final inlet adjustments) d. Recreational Trail or Sidewalk e. Other (pavement marking) f. Engineering Inspections (estimate only) #2 SITE GRADING/LANDSCAPING/RESTORATION a. Erosion control b. Site Grading c. Landscaping (street trees, prairie) d. Site Restoration (topsoil/seed or sod as required) e. Other- Polymer Stabilization & Misc Changes f. Engineering Inspections (estimate only) #4 SANITARY SEWER SYSTEM a. Mains & Manholes b. Laterals c. Pumping station & Generator d. Force main e. Grinder pumps &chamber-indiv dwelling f. Engineering Inspections (estimate only) g. Other (Cleaning By Contractor & TV by City) #5 WATER MAIN SYSTEM a. Mains, valves & manholes b. Hydrants, valves & leads c. Water services d. Well & pumphouse e. Engineering Inspections (estimate only) f. Other #6 STORM SEWER SYSTEM a. Mains & manholes b. Inlets c. Laterals + Sump Lines d. Headwalls/discharge structures e. Engineering Inspections (estimate only) f. Other #7 SPECIAL/MISC IMPROVEMENTS a. Street lights (2 WE Energies Lights) b. Street signs c. Other- Retaining Wall #8 FEES a. City administration b. Engineering Design and Admin and Testing C. Engineering -As builts for underground (by City consultant) d. Engineering- Survey & Grading As-builts e. Legal f. Other Proposed Cost LOC Red. No. 1 LOC Red. No. 2 ADJ. BAL. $ 50,617.00 $ - $ 50,617.00 $ - $ 5,567.87 $ - $ 5,567.87 $ - $ 56,184.87 $ - $ 56,184.87 $ - $ 23,600.00 $ 21,240.00 $ 2,360.00 $ - $ 199,125.00 $ 172,285.00 $ 26,840.00 $ - $ 24,499.75 $ 19,499.75 $ 5,000.00 $ - $ 247,224.75 $ 213,024.75 $ 34,200.00 $0.00 $ 11,626.00 $ 11,626.00 $ - $ 1,278.86 $ 1,278.86 $ - $ 12,904.86 $ 12,904.86 $0.00 $ 222,197.00 $ 212,197.00 $ 10,000.00 $ - $ 28,294.00 $ 28,294.00 $ - $ 27,554.01 $ 20,054.01 $ 7,500.00 $ - $ 278,045.01 $ 260,545.01 $ 17,500.00 $0.00 $ 2,500.51 $ - $ 2,500.51 $ - $ 2,500.00 $ - $ 2,500.00 $ - $ 5,000.00 $ - $ 5,000.00 $ - $ 2,000.00 $ - $ 2,000.00 $ - $ 12,000.51 $ - $ 12,000.51 $ - TOTAL PROJECT ESTIMATE $606,360.00 $ 486,474.62 $ 119,885.38 $ - 120 % = LETTER OF CREDIT AMOUNT $ 727,632.00 $ 583,769.54 $ 143,862.46 $ - LOC Remaining $ 727,632.00 LOC Reduction with the 20% 72 COMMON COUNCIL — CITY OF MUSKEGO RESOLUTION #056-2023 APPROVAL OF VACANT LAND PURCHASE 11214 Hillendale Drive WHEREAS, The construction of a watermain from Sunny Hill Drive to Racine Avenue is to occur with the plan of using ARPA money to fund the project; and WHEREAS, As part of this project, reconstruction of a portion of Hillendale Drive will also take place; and WHEREAS, There is a need for storm water management as a result of this construction; and WHEREAS, The adjacent vacant land located at 11214 Hillendale Drive is sufficient for the control of storm water by means of the construction of a storm water pond upon it; and WHEREAS, Through limited negotiations, the owner of 11214 Hillendale Drive has agreed to sell the property to the City for purposes as stated above; and WHEREAS, As part of its due diligence, the City obtained an appraisal of the property of which a copy is attached hereto; and WHEREAS, The agreed upon purchase price of $290,000.00 is well below the appraisal of the property ($317,000.00) confirming that the purchase is in the best interests of the City for the use as described herein. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby authorize City Staff to move forward with the legal means to accomplish the purchase of the property located 11214 at Hillendale Drive, Muskego, Wisconsin for the purposes described herein. BE IT FURTHER RESOLVED That the Mayor and City Clerk are authorized to accept and execute the proper legal documents required to consummate the sale and the City Attorney is authorized to make substantive changes as may be necessary to said documents in order to preserve the general intent of the transaction; that the City Attorney is further authorized to complete all documents for the Mayor to sign to effectuate the Closing of the transaction. DATED THIS 5th DAY OF SEPTEMBER 2023. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #056-2023, which was adopted by the Common Council of the City of Muskego. City Clerk 9/23cmc 73 �„�iSKEGO Reports and Presentations to Finance/Common Council To: Finance/Common Council From: Scott Kroeger Department: Public Works & Development Subject: City of Muskego purchase of vacant land, 11214 Hillendale Drive Date: September 5, 2023 Background Information: The plan is to use ARPA Funds to put in watermain from Sunny Hill Drive to Racine Drive. A portion of Hillendale will be reconstructed as part of this project. There will be a need for stormwater management as part of the project. The adjacent vacant land at 11214 Hillendale Drive will fit the needs to put a storm water pond to control storm water. An appraisal report for the land has been attached for your review. City staff and the land owner have agreed upon a price of $290,000 for the land. Key Issues for Consideration: • Appraisal report Recommendation for Action by Committee and/or Council approve City Staff moving forward with a formal offer to Hillendale Drive. Date of Committee Action: September 5, 2023 : The Finance/Common Council purchase the vacant land, 11214 Planned Date of Council Action (if required): September 5, 2023 Total $ Needed: $290,000 Fiscal Note(s): N/A $ Budgeted: N/A Expenditure Account(s) to Be Used: #MMSD GI 601.65.00.00.6220 (3/2019) 74 APPRAISAL REPORT OF Vacant Land Located at 11214 Hillendale Drive City of Muskego, Waukesha County, Wisconsin DATE OF VALUE July 6, 2023 PREPARED FOR Mr. Mike Paulos City Engineer City of Muskego W182S8200 Racine Avenue Muskego, Wisconsin 53150 PREPARED BY SINGLE SOURCE, INC. 75 July 13, 2023 Mr. Mike Paulos City Engineer City of Muskego W182S8200 Racine Avenue Muskego, Wisconsin 53150 RE: Vacant Land Located at 11214 Hillendale Drive City of Muskego, Waukesha County, Wisconsin Dear Mr. Paulos: At your request and authorization, Single Source, Inc. has prepared an appraisal report of the "as is" market value of the fee simple estate in the referenced real property. The subject property consists of a vacant parcel of land totaling approximately 6.930-acres with approximately 2.079-acres of wetlands that was deducted to arrive at a net site area of approximately 4.851- acres or 211,310 square feet (6.930-acres — 2.079-acres = 4.851-acres). The property is currently zoned RS- 2, Suburban Residence District. The subject is more fully described, legally and physically within the enclosed report. Data, information, and calculations leading to the value conclusion are incorporated in the report following this letter. The report, in its entirety, including all assumptions and limiting conditions, is an integral part of and inseparable from this letter. It is estimated that the "as is" market value of the fee simple estate in the subject property, as of July 6, 2023 is: THREE HUNDRED SEVENTEEN THOUSAND DOLLARS ($317,000) The following appraisal sets forth the most pertinent data gathered, the techniques employed, and the reasoning leading to the opinion of value. The analyses, opinions and conclusions were developed based on, and this report has been prepared in conformance with, our interpretation of the guidelines and recommendations set forth in the Uniform Standards of Professional Appraisal Practice (USPAP), and the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. 76 It has been a pleasure to assist you in this assignment. If you have any questions concerning the analysis, or if Single Source, Inc. can be of further service, please do not hesitate to contact us. Respectfully submitted, SINGLE SOURCE, INC. by: Jay McSorley Appraiser Wisconsin General Certified Appraiser No. 458-010 Expiration Date: 12/14/23 77 CERTIFICATION OF THE APPRAISER CERTIFICATION OF THE APPRAISER We certify to the best of our knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are our personal, unbiased professional analyses, opinions, and conclusions. 3. We have no present or prospective interest in the property that is the subject of this report and have no personal interest or bias with respect to the parties involved. 4. Our compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event, such as the approval of a loan. 5. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. 6. Our analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice of The Appraisal Foundation and the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. 7. Jay McSorley has completed the requirements of the continuing education program for Wisconsin State Certification. 8. Jay McSorley has made a personal inspection of the property that is the subject of this report on July 6, 2023. 9. No one provided professional real property appraisal assistance to the persons signing this report. 10. Jay McSorley has extensive experience in the appraisal/review of similar property types. 11. Jay McSorley is currently certified in the state where the subject is located. 12. We have not appraised or provided any other services at the subject property in the last three years. Jay McSorley Appraiser Wisconsin General Certified Appraiser No. 458-010 Expiration Date: 12/14/23 i 78 sp r RIO SUMMARY OF SALIENT FACTS Summary of Salient Facts Location: 11214 Hillendale Drive Muskego, Waukesha County, Wisconsin Assessor's Parcel Numbers: MSKC 2190-994-029 Property Type: Vacant Land Highest and Best Use As Though Vacant: Residential Property Rights Appraised: Fee Simple Estate Date of Value ("as is"): July 6, 2023 Date of Inspection: July 6, 2023 Zoning: RS-2, Suburban Residence District Flood Zone: Zone X, panel #55133C0341G dated 11/5/2014 Land Area: 301,871 SF 6.930-acres Wetland Area: 90,561 SF 2.079-acres Net Land Area: 211,310 SF 4.8510-acres Estimated Exposure Time: 3 to 12 months M Land Value: $317,000 Concluded Market Value: $317,000 H 80 TABLE OF CONTENTS TABLE OF CONTENTS CERTIFICATION OF THE APPRAISER................................................................................................................... i SUBJECTPHOTOGRAPHS.......................................................................................................................................... ii TABLEOF CONTENTS............................................................................................................................................... iv INTRODUCTION............................................................................................................................................................ 1 AREAANALYSIS............................................................................................................................................................. 7 NEIGHBORHOODINFLUENCES.........................................................................................................................15 SITEANALYSIS.............................................................................................................................................................17 ZONING........................................................................................................................................................................... 20 TAXAND ASSESSMENT DATA.............................................................................................................................. 21 HIGHESTAND BEST USE........................................................................................................................................ 22 APPRAISAL METHODOLOGY................................................................................................................................ 23 LANDVALUE................................................................................................................................................................ 25 RECONCILIATIONOF VALUE............................................................................................................................... 29 ASSUMPTIONS AND LIMITING CONDITIONS............................................................................................... 30 ADDENDA A Glossary of Terms B Additional Photographs C Improved Comparable Sales D Zoning Code E Flood Plain Map F Legal Description G Qualifications 81 INTRODUCTION INTRODUCTION PROPERTY IDENTIFICATION The subject property is located on the north side of Hillendale Drive, specifically at 11214 Hillendale Drive in the City of Muskego, Waukesha County, Wisconsin. The parcel is situated south of Interstate 43 and just east of Racine Avenue (County Trunk Highway Y) generally southwest of downtown Milwaukee. The subject property consists of vacant land area of 6.930-acre site, less the wetland area of 2.079-acres, indicates a net site area of approximately 4.8510-acres or 211,310 square feet. At the time of inspection, the land was being utilized for agricultural production. The property is identified by the assessor's office under the tax key number MSKC 2190-994-029. OWNERSHIP AND PROPERTY HISTORY The current owner is Mark A. Knudsen. The subject property has had no sales in the past three years, nor is the property listed for sale. DATES OF INSPECTION, VALUATION, AND REPORT Date of Inspection: July 6, 2023 Date of Value ("as is"): July 6, 2023 Date of Report: July 13, 2023 PURPOSE OF THE APPRAISAL The purpose of this appraisal is to estimate the "as is" market value of the subject property. The "Market Value" is defined as "The estimate of market value of real property in its current physical condition, use, and zoning as of the appraisal's effective date." Market value is defined as follows: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised, and acting in what they consider their own best interests; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. 1 1 The definition of market value is taken from: The Interagency Appraisal and Evaluation Guidelines effective December 10, 2010. 1 82 INTRODUCTION TERMS AND DEFINITIONS Please refer to the Addenda for a Glossary of the Terms and Definitions that are and may be used in this appraisal. INTENDED USE, USER, AND CLIENT OF THE REPORT The intended use of this appraisal is for internal decision making purposes and is related to a possible real estate purchase transaction purpose. This report may be relied upon by The City of Muskego (Client) and assigned. The report may not be relied upon by any rating agencies involved in rating securities secured by or representing an interest. This report may not be used in connection with materials offering for sale or an interest in the property and in presentations to any rating agency. With respect to the foregoing, the report speaks only as of the origination date of this report. PROPERTY RIGHTS APPRAISED Fee Simple Estate. SCOPE OF WORK The Appraiser has; a). Inspected the subject property to note the characteristics of the property that are relevant to its valuation; b). Investigated available market data for use in cost, sales comparison, and income approaches to value. The appraiser's investigations include research of public records through the use of commercial sources of data such as printed comparable data services and computerized databases. Search parameters such as dates of sales, leases, locations, sizes, types of properties and distances from the subject started with relatively narrow constraints and expanded until the appraiser has retrieved data sufficient (in the appraiser's opinion) to estimate market value. Researched sales were viewed and the appraiser considered any appropriate listings or properties found through observation during appraiser's data collection process. The appraiser reported only the data deemed to be pertinent to the valuation problem. c). Investigated and analyzed any pertinent easements or restrictions, on the fee simple ownership of the subject property. It is the client's responsibility to supply the appraiser with a title report. If a title report is not available, the appraiser will rely on a visual inspection and identify any readily apparent easements or restrictions. d). Analyzed the data found and reach conclusions regarding the market value, as defined in the report, of the subject property as of the date of value using appropriate valuation approach(es) identified above; e). Prepared the appraisal in compliance with the Uniform Standards of Professional Appraisal practice as promulgated by the Appraisal Foundation, and the Code of Professional Ethics and Certification Standard of the Appraisal Institute. fl. No responsibility for ascertaining the existence of any toxic waste or other contamination present on or off the site. The appraiser will, however, report any indications of toxic waste or contaminants that may affect value if they are readily apparent during appraiser's investigations. Appraiser cautions the user of the report that appraiser is not expert in such matters and that appraiser may overlook contamination that might be readily apparent to parties who are experts in such matters. g). Prepared an Appraisal Report, as defined in USPAP, which will include photographs of the subject property, descriptions of the subject neighborhood, the site, any improvements on the site, a description of the zoning, highest and best use analysis, as summary of the most important sales used 2 83 INTRODUCTION in the appraiser's valuation, a reconciliation and conclusion, a map illustrating the sales in relationship to the subject property and other data deemed by the appraiser to be relevant to the assignment. Pertinent data and analyses not included in the report may be retained in appraiser's files. COMPETENCY OF THE APPRAISER The key personnel of Single Source, Inc. are uniquely qualified for this appraisal assignment having appraised thousands of commercial properties over the past 33 years. No additional steps were required to meet the Competency Rule under USPAP. APPRAISAL DEVELOPMENT AND REPORTING PROCESS The following steps were completed by Single Source, Inc. for this assignment: 1. Analyzed regional, city, neighborhood, site, and improvement data. 2. Inspected the subject and the neighborhood. 3. Reviewed data regarding taxes, zoning, utilities, easements, and city services. 4. Considered comparable improved sales, comparable improved building rental information, and comparable site sales. Confirmed data with principals, managers, or real estate agents representing principals, unless otherwise noted. 5. Analyzed the data to arrive at conclusions via each approach to value used in this report. 6. Reconciled the results of each approach to value employed into a probable range of market data and finally an estimate of value for the subject, as defined herein. 7. Estimated a reasonable exposure time associated with the value estimate. The subject site and improvement descriptions are based on a personal inspection of the property and a review of the relevant plat maps, ownership records, and assessor information. The inspection is not a substitute for thorough engineering studies. This is an Appraisal Report and is intended to comply with the reporting requirements set forth under the Standards of Professional Appraisal Practice. In an appraisal, Single Source, Inc. uses all known applicable approaches to value. The value conclusion reflects all known information about the subject property, market conditions, and available data. The Appraisal Report incorporates to a practical explanation of the data, reasoning and analysis that were used to develop the opinion of value. It also includes thorough descriptions of the subject property and the market for the subject property type. SPECIAL APPRAISAL INSTRUCTIONS There have been no special appraisal instructions for this assignment. PERSONAL PROPERTY No personal property has been included in the appraisal report. EXTRAORDINARY ASSUMPTION The Dictionary of Real Estate Appraisal defines an Extraordinary Assumption as follows: 3 84 INTRODUCTION An assumption, directly related to a specific assignment, which, if found to be false, could alter the appraiser's opinions or conclusions. Extraordinary assumptions presume as fact otherwise uncertain information about physical, legal, or economic characteristics of the subject property; or about conditions external to the property such as market conditions or trends; or about the integrity of data used in an analysis. An Extraordinary Assumption may be used in an assignment only if: a). It is required to properly develop credible opinions and conclusions; b). The appraiser has a reasonable basis for the extraordinary assumption; c). Use of the extraordinary assumption results in a credible analysis, and; d). The appraiser complies with the disclosure requirements set forth in USPAP for extraordinary assumptions. There is no Extraordinary Assumption used in the analysis of the subject property. HYPOTHETICAL CONDITION The Dictionary of Real Estate Appraisal defines a Hypothetical Condition as follows: That which is contrary to what exists but is supposed for the purpose of analysis. A Hypothetical Condition may be used in an assignment only if: a). Use of the Hypothetical Condition is clearly required for legal purposes, for purposes of reasonable analysis, or for purposes of comparison; b). Use of the Hypothetical Condition results in a credible analysis; and c). The appraiser complies with the disclosure requirements set forth in USPAP for hypothetical conditions. There is no Hypothetical Condition used in the analysis of the subject property. MARKETING PERIOD Marketing period is not intended to be a prediction of a date of sale or a one -line statement. Instead, it is an integral part of the appraisal analysis and is based on one or more of the following: • statistical information about days on the market • information gathered through sales verification • interviews of market participants. The reasonable marketing period is a function of price, time, and use. It is not an isolated estimate of time alone. Marketing time is different for various types of real estate and under various market conditions. Marketing period is the estimated length of time the property would have been offered prior to a hypothetical market value sale on the effective date of appraisal. It is a retrospective estimate based on an analysis of recent past events, assuming a competitive and open market. It assumes not only adequate, sufficient, and 4 85 INTRODUCTION reasonable time but also adequate, sufficient, and reasonable marketing effort. Marketing period and appraisal conclusion of value are therefore interrelated. In consideration of these factors, we have analyzed the following: • exposure periods of comparable sales revealed during the course of this appraisal • the PwC Real Estate Investor Survey • Knowledgeable market professionals. The following table presents the information derived from these sources based on a residential use: MARKETING PERIOD INFORMATION Exposure Time (Months) Data Source Range Average Comparable Sales Data 1-3 2.00 PwC Real Estate Investor Survey 1-12 6.80 Local Market Professionals 3-10 7.00 Compiled By: Single Source, Inc. Based on the foregoing analysis, a marketing period of between 3 and 12 months is reasonable, defensible, and appropriate. Single Source, Inc. assumes that the subject property would have been competitively priced and aggressively promoted regionally. Estimating a marketing period is based on uncertain business conditions. The marketing period for the subject is contingent on several factors including the current supply and demand for similar buildings, interest rates, and the scope and skill of the marketing effort. EXPOSURE TIME The concept of market value assumes the hypothetical sale of a property given reasonable exposure on the market. Further, the exposure time is presumed to proceed the effective date of the appraisal. Exposure time is defined in Uniform Standards of Professional Appraisal Practice ("USPAP") Statement on Appraisal Standards No. 6, "Reasonable Exposure Time in Market Value Estimates" as: The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; a retrospective estimate based upon an analysis of past events assuming a competitive and open market. Exposure time is different for various types of real estate and under various market conditions. It is noted that the overall concept of reasonable exposure encompasses not only adequate, sufficient, and reasonable time but also adequate, sufficient, and reasonable effort. The best estimate of exposure time is a function of price, time, use, and current market conditions for the cost and availability of funds. This is seen as an integral part of the appraisal process and the estimate of market value. In estimating the length of time the property would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of this appraisal, July 6, 2023, we considered information gathered on comparable sales, historical and current market conditions. According to real estate investment publications, typical buyers and sellers of commercial and residential properties are private investors. After analyzing the above factors, we believe the reasonable exposure time anticipated to sell a 86 INTRODUCTION completed property similar to the subject property, at the estimated market value, would have been three to twelve months. 87 AREA ANALYSIS AREA ANALYSIS The constantly changing nature of economic relationships within a market area have a direct bearing on real estate values and the long-term quality of a real estate investment. In the market, the value of a property is not based on the price paid for it in the past or the cost of its creation, but on what buyers and sellers perceive it will provide in the future. Consequently, the attitude of the market toward a property within a specific neighborhood or market area reflects the probable future trend of that neighborhood. Since real estate is an immobile asset, economic trends affecting its locational quality in relation to other competing properties within its market area will also have a direct effect on its value as an investment. To accurately reflect such influences, it is necessary to examine the past and probable future trends, which may affect the economic structure of the market area and evaluate their impact on the market potential of the subject. This section of the analysis is designed to isolate and examine the discernible economic trends in region, city, and neighborhood, which influence and create value for the subject property. Area Map GEOGRAPHIC LOCATION The subject property is located in the City of Muskego, Waukesha County, Wisconsin. Waukesha County is part of the Metropolitan Milwaukee Area. As such, the market value of the subject is influenced by demographic and economic changes and attributes of the Metro Area. Recent changes and attributes of the Milwaukee Metropolitan Area that influence the market value of the subject property are discussed below. Milwaukee is located on the western shores of Lake Michigan 90 miles north of Chicago. The Metropolitan Milwaukee Area is ranked 28th in size among metropolitan areas in the United States. Historically, Metropolitan Milwaukee has possessed a strong industrial economy with a stable population. More recently, the Metro Area's economy has diversified into the service sector. 7 88 AREA ANALYSIS Major metropolitan areas in the region include Madison, Wisconsin to the west (60 miles), Chicago, Illinois to the south (90 miles) and Saint Paul/Minneapolis, Minnesota to the northwest (240 miles). POPULATION TREND Metropolitan Milwaukee encompasses four counties --Milwaukee, Ozaukee, Washington, and Waukesha --with a combined population of over 1.5 million people. The population of Metropolitan Milwaukee, since 1990, has increased by approximately 9.95%. Historic population levels for the area are presented below: HISTORIC POPULATION METROPOLITAN MILWAUKEE 1960 TO 2020 PERCENT YEAR MILWAUKEE CHANGE 2020 1,574,731 1.2 2010 1,531,103 2.1 2000 1,500,741 4.8 1990 1,432,149 2.5 1980 1,397,020 -0.5 1970 1,403,883 9.8 1960 1,278,850 --- Source: US Census Bureau The population of outlying counties of Metropolitan Milwaukee continues to grow as the population of Milwaukee County declines. This phenomenon is occurring in most of the large metropolitan areas of the United States. The four counties, which comprise the Metropolitan Area, have a population distribution as follows: POPULATION BY AREA 1990-2000 % 2000-2010 2000-2020 1990 2000 2010 2020 Change % Change % Change Milwaukee County 959,275 940,164 947,735 944,099 -2.0 -1.2 -.04 Ozaukee County 72,831 82,317 86,395 90,630 13.0 5.0 4.9 Washington County 95,328 117,493 131,887 138,268 23.3 12.3 4.8 Waukesha County 304,715 360,767 389,891 406,785 18.4 6.4 4.3 PER CAPITA INCOME Per capita income includes income from wages and self-employment, assets (dividends, interest, rent) and transfer payments (social security, insurance, welfare, pensions) divided by mid -year total population estimates. The per capita income in Milwaukee -Waukesha -West Allis for 2020 (the most recent data available) was $56,926. The county's income is more than the State level at $55,593, but less than the National level of $63,416. EMPLOYMENT Traditionally, Milwaukee County has had a higher unemployment than the State and the National rate. The following chart represents the unemployment characteristics for Metropolitan Milwaukee Area. 89 AREA ANALYSIS METRO UNEMPLOYMENT RATE 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023* Milwaukee County 8.4% 8.3% 5.9% 5.8% 5.1% 4.0% 3.0% 4.0% 8.2% 5.4% 3.7% 2.9% Ozaukee County 5.7% 5.5% 3.9% 3.7% 3.5% 2.8% 2.1% 2.9% 5.4% 3.1% 2.5% 1.8% Washington County 6.4% 6.1% 4.3% 3.8% 3.5% 2.8% 2.2% 2.9% 5.6% 3.1% 2.4% 2.0% Waukesha County 6.0% 5.9% 4.3% 3.8% 3.6% 2.9% 2.3% 2.9% 5.6% 3.8% 2.5% 2.0% Kenosha County 8.2% 7.9% 5.9% 5.2% 4.8% 3.9% 3.0% 4.0% 7.1% 4.3% 3.3% 2.8% Racine County 8.5% 8.6% 6.3% 5.7% 5.1% 4.1% 3.1% 4.1% 7.3% 4.7% 3.5% 2.9% Metro Milwaukee 8.4% 7.3% 5.1% 5.3% 4.5% 3.5% 2.7% 3.1% 7.2% 4.4% 3.7% 2.9% State of Wisconsin 6.9% 6.7% 5.0% 4.6% 4.1% 3.3% 2.6% 3.3% 6.3% 3.6% 2.9% 2.5% U.S.A. 8.1% 7.4% 5.4% 5.3% 4.9% 4.4% 3.9% 3.7% 8.1% 5.3% 2.3% 3.6% (*) For March 2023, not seasonally adjusted. The latest annual unemployment rates available indicate an increase in all area rates due to Covid-19. Overall, the Metropolitan Milwaukee market has recovered to below market norms as the economy becomes stronger with new job creation. The employment distribution for 2020 for Milwaukee County was as follows: EMPLOYMENT DISTRIBUTION METROPOLITAN MILWAUKEE COUNTY 2.46% ■ Trade/Transportation/Utilities ■ PuhlicAdmin ■ Professional & Business Service ■ Other services ■ Natural Resources ■ Manufacturing ■ Leisure & Hospitality ■ Information ■ Financial Activities ■ Education/Health ■ Construction Milwaukee is the economic center of the region and home to a diversified mix of industries. Education and Health is the largest sector in terms of both employment and payroll, accounting for 30.40 percent of the county's job base. Other significant sectors include trade, transportation, utilities, professional and business services, and manufacturing. 9 90 AREA ANALYSIS Major employers located in the Milwaukee Metropolitan Area include: 7 County Region Top Employers PrivateLargest Sector Employers000employees) Company Business DescriApn _aurora Health Care Health care system Ascension Wisconsin Health care system Froedtert Health Healthcare services Kroger Co.{Roundy's Food distributor & retailer HQ city Milwaukee Milwaukee Wauwatosa Milwaukee Employment 25,700 14,500 9,700 8,300 Kohl's Corp. Department stores Menomonee Falls 7,800 Quad/Graphics Inc. GE Healthcare Technologies Commercial printer Medical imaging & information systems Sussex Waukesha 6,800 6,000 Medical College of Wisconsin Medical school Wauwatosa 5.500 Northwestern Mutual Life insurance & investment services Milwaukee 5,000 ProHealth Care Inc. Health care system Waukesha 4,800 Children's Hospital of Wisconsin Pediatric health care services Wauwatosa 4,500 WEC Energy Group Electric & natural gas utility Milwaukee 4,300 Goodwill Industries of SE Wis. Training, packaging & assembly services Milwaukee 4,000 AT&T Wisconsin Telecommunication services Milwaukee 3,500 US Bank Banking & financial services Milwaukee 3,500 BMt7 Harris Bank Banking & financial services Milwaukee 3,400 Marcus Corp. Movie theaters & hotel operator Milwaukee 3,400 Johnson Controls Control systems. batteries & auto interiors Glendale 3.000 Rockwell Automation Industrial automation products & systems Milwaukee 3,D00 FIS Financial data processing systems Milwaukee 2,900 Marquette University University Milwaukee 2,800 Potawatomi Hotel & Casino Casino Milwaukee 2,800 Harley-Davidson Inc. Motorcycles & accessories Milwaukee 2,700 SC Johnson & Son Inc. Household products Racine 2,500 Generac Holdings Inc. Power generators Waukesha 2,300 CMH Industrial Agriculture & construction equipment Racine 2,200 United Hospital System Health care system Kenosha 2,200 Bon -Ton Department Stores Department stores Milwaukee 2,100 Rexnord Power transmission equipment West Milwaukee 1,800 Eaton Cooper Power Systems Electrical distribution equipment Waukesha 1,500 Robert W. Baird & Co. Wealth management Milwaukee 1,500 Briggs & Stratton Corp. Small gasoline engines Wauwatosa 1,400 Millerccors LLC Beer Milwaukee 1,400 Chase Bank Banking & frnanical services Milwaukee 1,300 Fisery Inc. Financial data processing systems Brookfield 1,300 Wells Fargo Banking & financial services Milwaukee 1,300 Concordia Wisconsin University University Mequon 1,200 Direct Supply Dist. of healthcare equipment & supplies Milwaukee 1.200 Patrick Cudahy Inc. Meat processor Cudahy 1,2U0 Charter Manufacturing Co. Metal products Mequon 1,100 Cree LED lighting Racine 1,100 Cargill Meat Solutions Meat processor Milwaukee 1,000 In SinkErator Food waste disposers Racine 1,000 Joy Global Mining equipment Milwaukee 1,000 Miniature Precision Components Plastic components Walworth 1.000 Snap -on Inc. Hand tools Kenosha 1,000 TRANSPORTATION Milwaukee has access to all major modes of transportation. Interstate 94 connects Milwaukee with Chicago and Madison. Other major highways include Interstates 41, 43, and 94. Rail freight service is provided by the Soo Line Railroad Company, Wisconsin and Southern Railroad Company, and Chicago and Northwestern 10 91 AREA ANALYSIS Transportation Company. Passenger rail service is provided by Amtrak. The City of Milwaukee is served by two major public general aviation airports --General Mitchell International Airport and Lawrence J. Timmerman Field. Chicago's O'Hare International Airport is located 77 miles south. CULTURAL AND RECREATIONAL As one of the nation's largest cities, Milwaukee offers a wide variety of cultural and recreational opportunities. The Lake Michigan and numerous lakes provide a multitude of outdoor recreational activities. Among other attractions, the city is noted for the recent development of its Art Museum expansion, Wisconsin Center, Native American gambling casinos, and Miller Park for the Brewers baseball team. Further, Milwaukee has a world class symphony orchestra, fine arts museum and nearly 50 other museums and galleries. For sports enthusiasts, Milwaukee offers several major professional sports teams. Among them are the NBA's Milwaukee Bucks, Major League baseball's Milwaukee Brewers and the IHL's Milwaukee Admirals. These professional teams compete in famous stadiums such as the Fisery Forum and Miller Park. CONCLUSION The economy of the Milwaukee metropolitan area has, in general, been dependent on manufacturing. However, in recent years, the industrial and manufacturing base is becoming a smaller component of the economy. The economy is still impacted by the credit crisis and will continue into the near future. However, the diversification of the local economy contributes to lower suburban unemployment rates compared to national levels and higher earnings for the various industries. Slow population growth for the metropolitan area is expected to continue over the next decade, creating corresponding slow growth and stabilization in new industries. Overall, the various trends discussed, as well as their impact on the Milwaukee MSA, our outlook is for stable real estate market. 11 92 AREA ANALYSIS WAUKESHA COUNTY ANALYSIS The subject property is located in the City of Muskego in Waukesha County. The subject is also affected by changes in Waukesha County. Recent demographic, economic, and social changes are discussed below. The City of Muskego is a fully integrated community, which is located in southeastern Waukesha County. Since 1980, the population has increased while the county has had slow growth. Historic population statistics for the 10 largest municipalities in Waukesha County are presented below: 2010 Census 2020 Final Estimate Numeric Change Percent Change Waii esha,City 70,718 71,952 1,234 1.74% New Berlin, City 39,584 40,600 1,016 2,57% Brookfield, City 37,920 40,044 2,124 5.60% Menomonee Falls, Village 35,626 38,948 3,322 9.32% Muskego, City 24,135 25.271 1,136 4.710/0 Oconomowoc, City 15,759 17.501 1,742 11.05% Pewaukee, City 13.195 14.775 1,580 11.97% Sussex, Village 10.518 11.373 855 8.13% Lisbon, Town 10,157 10,564 407 4.01% Waukesha, Town 9,133 9,329 196 2.15% Waukesha County 1 389,891 406,785 16,894 4.33% Source. Demographic Services Center, Wisconsin Department o fAdministration TRANSPORTATION The City of Muskego possesses excellent linkages to major transportation routes. Interstate 43 is just north of the village. US Highway 36, State Highway 164, all serve Muskego, as do various County Trunk Highways. Four airports serve Muskego. Crite's Field is located along Highway J east of the City of Muskego. Capitol Airport is located along State Highway 190 in Brookfield. Timmerman Field is 21 miles to the northeast of the village. General Mitchell International Airport is situated 17 miles to the east and is capable of handling all regularly scheduled air carriers. INCOME Income levels, both on a mean household or a per capita basis, indicate the economic level of residents within the region and form an important component of economic analysis. Income levels have a direct impact on the ability of residents to satisfy material desires for goods and services, directly affecting the demand and price levels of real estate. The per capita income in Milwaukee -Waukesha -West Allis for 2017 (the most recent data available) was $59,448. The county's income is more than the State level at $59,448, but less than the National level of $60,336. 12 93 AREA ANALYSIS ECONOMIC BASE ANALYSIS Waukesha County has a diversified economy that features a blend of manufacturing, retail and wholesale trade, industry, medical services, education, agriculture, and recreation. Manufacturing, Education and Health Services, Trade Transportation & Utilities, and Leisure & Hospitality are the leading employment sectors in Waukesha County, specifically manufacturing lead the total employment in the county and total payroll, higher than the state average according to the Wisconsin Department of Workforce Development. Industrial parks and shopping malls along the Interstate 94 corridor as well as Interstates 41, 43, and 94, US Highway 18, US Highway 45, State Highway's 16, 59, 67, 74, and 164 have contributed strongly to job growth in the county. Manufacturing industries, while not creating the most job growth in the county still accounted for a large percent of the non -farm jobs. Business service, retail, education services, and health service industries have all demonstrated high percentages of job growth. While the Waukesha County economy includes diverse industries from retail, printing, to medical equipment and consumer products company General Electric, while healthcare, public and school districts represent large employers in the county and are presented on the following table. Largest Waukesha County Private -Sector Employers (1,000+ Employees) COMPANY PRODUCT LOCAL EMPLOYMENT Kohl's Corp. Department store chain 1,000+ Quad/Graphics Inc. Commercial printing 1,000+ ProHealth Care Heatlh care system 1,000+ GE Healthcare Medical imaging devices 1,000+ Target Corporation Department stores 1,000+ Community Memorial Hospital Health care services 1,000+ Cooper Industries Electrical transformers 1,000+ Harley-Davidson Motor Co. Motorcycles 1,000+ United Parcel Service Package delivery 1,000+ Wheaton Franciscan Healthcare Health care services 1,000+ Overall sustained growth within the local and national economy had resulted in a steadily increase in employment rates from 2010, while the COVID-19 pandemic has increased unemployment rates locally and nationally. It appears employment levels have stabilized over recent years and presented on the following table. The manufacturing has recovered, along with the growing national economy with some continued corporate downsizing; all have contributed to a decline in local unemployment rates recently. Historically Waukesha County unemployment rates have been below state and national levels over the same time period. The following table presents historical unemployment rates for Waukesha County, Wisconsin, and United States. 13 94 AREA ANALYSIS CONCLUSION In summary, the Waukesha County area has experienced significant population growth since 1990. Additionally, the area has good linkages to major transportation routes and a stable growing economic base. Overall, the area appears to be stable with no adverse attributes, which may limit the marketability of the subject property. 14 95 NEIGHBORHOOD INFLUENCES NEIGHBORHOOD INFLUENCES Location The neighborhood is located in the City of Muskego. The neighborhood is located in southeastern Waukesha County. Highway 36 runs in an east -west direction, while State Highway 164 and Moreland Road from Interstate 43 through Muskego to the south and is one of the neighborhood's primary thoroughfares. Neighborhood Map Boundaries The neighborhood boundaries are considered to be: North: Glengarry Road South: West Ryan Road East: County Trunk Highway 00 West: Center Drive Land Use The primary land uses in the subject's immediate area are residential uses among agricultural land. The subject's neighborhood can be classified as a developing suburban area with a concentration of commercial, industrial, some institutional, and residential development. There is vacant land available for development in the area Interstate 43, US Highway 45, State Highway's 36 and 164, Moreland Road, and Racine Avenue are the neighborhood's dominate east -west thoroughfare and north south thoroughfares with turn lanes at major intersections. Land uses to the south of the subject site include residential uses. Land uses to the west are residential development. Land uses to the north are residential, industrial, commercial uses among agricultural land. East is residential uses. 15 96 NEIGHBORHOOD INFLUENCES Growth patterns Growth patterns in the immediate area are generally comprised of new and existing development projects due to the suburban nature of the area and availability of vacant land in the vicinity. Some new real estate construction projects were noted in the area of the subject property including industrial, commercial, and multi -family residential development. Access Primary access to the subject neighborhood is provided by Interstate 43, US Highway 45, State Highways 36 and 164, Racine Avenue, and Moreland Road. Interstate 43 is primarily four and six -lane, variable width right- of-way and is located approximately 2 miles north of the subject property with access ramps at Racine Avenue, State Highway 164, and Moreland Road. State Highway 36 is a major state highway in southern Milwaukee and Waukesha Counties. Conclusion The property's neighborhood is an established commercial area anchored by commercial development along intersections with the Interstate system and downtown areas. As shown above, the population within the subject neighborhood has shown growth over the past few years. The neighborhood currently has an average level income demographic profile. The outlook for the neighborhood is for relatively stable performance with modest improvement over the next few years. As a result, the demand for development is considered to be good. Generally, the neighborhood is expected to maintain a relatively stable growth pattern in the foreseeable future. 16 97 SITE ANALYSIS SITE ANALYSIS Location The site is located on the north side of Hillendale Drive in the City of Muskego, just west of County Trunk Highway Y (Racine Avenue). The street address is 11214 Hillendale Drive. Ingress and egress is available to the subject property from Hillendale Drive. Visibility is good from both directions on the adjacent road. Plat Map Waukesha County G1S Map Y 11 44© 49< pp4 Now 1ao7a 9E14 43D a�pQ 1iz14 70pp0gq76 �0 maw ON 10956 10075 ' pp ♦ OflQ 11600 ,F rr���sPd��,,tt�� WI tNVGi 9745 No a03 fl4c3 11179 DOt] 9031 1148 Fk3II 3143 """ II wa I am LAKE VI W sir ilt �)W Wa Le enn Plats ❑ Retired Plats El Municipal Boundary_2K 7 Facillty5ites_2K_Labels Parcel_Dimension_2K Note_Text_2K Lots 2K uil General Common Fi-- amid Si m u Ita n ecusCon ve ya nct 4ssaaaor PI,1 CSM LJ s�belriae� Cartoline_2K FA-Ea.eme�Llne PL-� _ PLf#er Tie 1— PL—N—der_Line PLAM, PL-TIe PL-Tie_Line -,It other value.. Road Centerlines2K Railroad_2K L] TaxPalvel_2K ❑ "..,bodies_2K_Labels ❑ Waterlines _2K_Labels 0 Municipal Boundary_5K ❑ FacilitySites_51(_Labels ❑ Waterbudies_SK_Labels ❑ Waterlines; _5K_Labels ❑ Railroad_5K Si m ulta n sousConveyancl ❑ Aa-- plat the in(ormatmn and depidicnsh,minere forinformalmnal purposes a nd Waukesha County sp-fi,,l ly disclaimsaauracy in thisreproduction and Notes: b 250.00 Feet spenflrally atlmonlshes and atlulses that lF spenFlc and precise accuracy is required,the same shnultl he determined brPmcurement nl eertlfietl — maps, surveys, plats, Flood Insurance Studies, or Ah., ofllclal means. Waukesha County witl not be re ;,—Iblefor any damageswhlch —It fir — third partyuse ofih, inlortnr—and depiaians herein, orfur use whiff ores ignth—ruing, Printed: e135M3 Assessor's Parcel Number The Tax Assessor's parcel number is MSKC 2190-994-029. Land Area The site includes a total of approximately 301,871 square feet (gross area) or 6.930-acres with approximately 2.079-acres of wetlands that are deducted to arrive at a net site area of approximately 211,310 square feet (gross area) or 4.8510-acres. Measurement were obtained from the assessor's office. There is no other unusable land or excess land area. 17 98 SITE ANALYSIS Shape and Frontage The subject's site is irregular in shape. The site has approximately 80-feet of frontage along the north side of Hillendale Drive. Topography and Drainage The subject site has a generally level, sloping, and rolling topography with drainage flows from south to north. The site is located at and below street grade. Soils No recent soil analysis was performed or reviewed by the appraisers. Visual inspection of the site indicates no problems for development of the site. Easements No title report was provided in connection with this appraisal. A plat map did not reveal any unusual or adverse easements. It is specifically assumed that any easements, restrictions, or encroachments that might appear against the title would have no adverse impact on marketability or value. Covenants, Conditions, and Restrictions No private deeds or restricting covenants affecting development, other than zoning, were found to affect the site. Utilities The site is serviced by all public utilities in sufficient capacity for its current use. Municipal sewer line is available to the site, while municipal water is not available to the site. Utilities do not limit the highest and best use of the site. Flood Zone According to maps published by the Federal Emergency Management Agency (FEMA), the subject lies within Zone X as indicated on FEMA Community Map Panel No. 55133CO341G dated November 5, 2014. Flood insurance is available. This zone is described as follows: FEMA Zone X: Areas determined to be outside the 500-year flood plain. Environmental Issues The value estimate rendered in this report is predicated on the assumption there is no hazardous material on or in the property that would cause a loss in value. No evidence of hazardous waste or toxic materials was visible. Single Source, Inc. has no knowledge of the existence of these substances on or in the subject property. However, Single Source, Inc. is not qualified to detect hazardous waste or toxic materials. Conclusion The subject property includes net site area of 4.8510-acres on a paved street, all served by all necessary utilities. Access appears to be good. Visibility and exposure is average to good. There are no adverse soils conditions of which Single Source, Inc. is aware. The shape of the parcel is irregular and does not limit the site's developmental potential. The topography is level, sloping, to rolling and poses no specific development 18 99 SITE ANALYSIS limitation. In conclusion, from a physical standpoint, the site is considered adequate for many types of development but appears most suitable for residential development. Aerial Map r MAP WAUkESHA county Waukesha County G1S Map Plats Retired Plats Municipal Poundary_2K Facil itySites_2 K_Lobe 1 s Parcel_Dimension_2K Note_Text_2K Lots_2K i� Let ❑ unit ❑ caneral coo,rron Elemarn L7 owa Si multa n ecusConveyancl ❑ Aa-- play cam Canaan m 0 s�belrislon cartoline_2K EA-Easem-_UL u Pi -AP PLEaterdetl Tie Ilne PLa—der_Lina PLAM, PL-TIe PL-Tie_Li- Road Centerlines_21K Railroad_2K TaxParoel_2K Waterbod i ss_2K_Labels Waterli nes_2 K_Labe I s Municipal Boundary_5K Facil kySites_5K_Lahe I s Waterbod ies_5K_La be I s Waterlines _SK_Labels Railroad_5K Si multa n ecusConveya ncE ❑ r -- plat The information anddepir Ii hereinareforinformalicnal purposes-1 lmauhesha County specificallydiulaims accura. in this re produnion antl NOLes: 0 158,67 FCEt spedfirilvadmonishes and ad,1— that if sir-ft and precise atturacy isrequired, thesame should he determined by pmc�re—elrertlnM me ps, surveys, plats, Flood I—m—Studlu, or o hi onlclal means. Waukesha County will twl be responsible for any damages whld bresult rty lrom O third pa use of the Iblortnatian and depr—ins hin ere, or for use which ignores th is warn ng, Panted: 6/15!]P13 19 100 ZONING ZONING The subject's zoning requirements are detailed below. ZONING SUMMARY Current Zoning: RS-2, Suburban Residence District Legally Conforming: Yes Uses Permitted: Most residential uses Zoning Change: Not Likely Category Zoning Requirement Front Setback: 40 feet Side Setback: 15 feet Rear Setback: 20 feet Maximum Height: 30 feet Source: Muskego Zoning Code Compiled By: Single Source, Inc. The subject improvements are a legal conforming use. Please review the zoning code in the Addendum. 20 101 HIGHEST AND BEST USE TAX AND ASSESSMENT DATA The subject's 2022 assessed value and taxes are summarized below. AD VALOREM TAX INFORMATION Parcel Land Improvements Total Taxes MSKC 2190-994-029 $167,300 $0 $167,300 $1,950.07 Assessment Ratio 88.54% Tax Rate per $1,000 of assessed value $11.6561 Source: Tax Bill Compiled By: Single Source, Inc. The parcels have no special assessment. The county records indicate there are no delinquent property taxes. 21 102 HIGHEST AND BEST USE HIGHEST AND BEST USE In appraisal practice, the concept of highest and best use represents the premise upon which value is based. The four criteria the highest and best use must meet are: • legal permissibility; • physical possibility; • financial feasibility; and • maximum profitability. Highest and best use analysis involves assessing the subject both as if vacant. HIGHEST AND BEST USE AS THOUGH VACANT Legal Permissibility The legally permissible uses were discussed in detail in the site analysis and zoning sections of this report. Permissible uses are broad, allowing for most types of single family residential development. Physical Possibility The physical characteristics of the subject site were discussed in detail in the site analysis. Overall, a wide range of legally permissible uses would be physically possible. Financial Feasibility The financial feasibility of a specific property is market driven and is influenced by surrounding land uses. Based on the subject's specific location and physical characteristics, it is our opinion that development of the site with a residential oriented use, which is complimentary to the surrounding land uses would represent the most likely financially feasible option. The proximity to major thoroughfares and established commercial and service areas provide sufficient basis to support a residential oriented use. Current economic conditions do support the cost of some new development. This is evidenced by the fact there has been an uptick in construction activity, stable occupancy and sale rates in the market over the past few years. Maximum Profitability The use which results in the maximum profitability of the site is beyond the scope of this assignment. The recipient of the property's productivity (e.g., the lender, equity investor, the public, etc.) greatly determines what the use should be. Regardless, the use for the subject should conform to the neighborhood trends and be consistent with existing land uses. Conclusion: Highest and Best Use As Though Vacant The concluded highest and best use of the subject as though vacant is residential development. 22 103 APPRAISAL METHODOLOGY APPRAISAL METHODOLOGY In appraisal practice, an approach to value is included or omitted based on its applicability to the property type being valued and the quality and quantity of information available. COST APPROACH The Cost Approach is based upon the proposition the informed purchaser would pay no more for the subject than the cost to produce a substitute property with equivalent utility. This approach is particularly applicable when the property being appraised involves relatively new improvements, which represent the highest and best use of the land, or when relatively unique or specialized improvements are located on the site and for which there exist few sales or leases of comparable properties. SALES COMPARISON APPROACH The Sales Comparison Approach utilizes sales of comparable properties, adjusted for differences, to indicate a value for the subject property. Valuation is typically accomplished using physical units of comparison such as price per square foot, price per unit, price per floor, etc., or economic units of comparison such as gross rent multiplier. Adjustments are applied to the physical units of comparison derived from the comparable sale. The unit of comparison chosen for the subject is then used to yield a total value. Economic units of comparison are not adjusted, but rather analyzed as to relevant differences, with the final estimate derived based on the general comparisons. INCOME CAPITALIZATION APPROACH The Income Capitalization Approach reflects the subject's income -producing capabilities. This approach is based on the assumption that value is created by the expectation of benefits to be derived in the future. Specifically estimated is the amount an investor would be willing to pay to receive an income stream plus reversion value from a property over a period of time. The two common valuation techniques associated with the Income Capitalization Approach are direct capitalization and the discounted cash flow (DCF) analysis. The methodology of direct capitalization is to determine the income -producing capacity of the property on a stabilized basis by estimating market rent from comparable rentals, making deductions for vacancy and collection losses and building expenses, then capitalizing the net income at a market -derived rate to yield an indication of value. The capitalization rate represents the relationship between net income and value. Related to the direct capitalization method is the discounted cash flow analysis. In this method of capitalizing future income to a present value, periodic cash flows (which consist of a net income less capital costs, per period) and a reversion (if any) are estimated and discounted to a present value. The discount rate is determined by analyzing current investor yield requirements for similar investments. 23 104 APPRAISAL METHODOLOGY METHODOLOGY APPLICABLE TO THE SUBJECT In valuing the subject, one of the three approaches is applicable including the Sales Comparison Approach due to property type. 24 105 LAND VALUE LAND VALUE Land Valuation --In determining the value of land, the Sales Comparison Approach was used. The Sales Comparison Approach is based on the principle of substitution. This principle holds that the value of property is equal to the cost of acquiring an equally desirable substitute property. The Sales Comparison Approach requires a comparison of similar land parcels to the subject. Comparison is made by reducing the sales data to a common unit of comparison. This unit price is then adjusted to reflect differences between the similar land parcels and the subject property. A search for recent vacant land sales in the subject area was undertaken to identify; based on location, zoning, topography, and size; the most similar land sales to the subject property. There have been some arms -length, land sales in the immediate area (City of Muskego) over the past few years in southern Waukesha County area. Details regarding the sales most reflective of the subject are illustrated on the following page. LAND SALE MAP esha w Berlin HH ° Sale N. 3 CES Tes n / Sale No. 2 Subject E Muskegon WI 53150 k ES g LfNe \ Muskep Lake 5o gig Bentl �.e Ho' J /iPnl / \\ Mus ego Park �/ BdPS, BBy 9Ea kego k Sale No, I L�I���� _ C2y Perk ig M"kego Lake Lo rl At®end P 1981L2P12'1.1�crosOX Lor rellonsnWor ha su Iers. Allis Efs rPsertetl. ANALYSIS OF LAND SALES The sales presented indicate a range of value from $1.41 to $1.72 per square foot. The primary differences between the comparable sales and the subject include market conditions, location, physical characteristics, size, and zoning of the sale properties. 25 106 LAND VALUE LAND SALE SUMMARY Date of Size Size Sale Price/ Price/ No. Location Sale (S.F.) (Acres) Zoning Price S.F. Acre S 11214 Hillendale Drive - 211,310 4.8510 RS-2 -- -- -- Muskego, Wisconsin 1 S85W17776 Woods Road Jan-23 159,865 3.6700 RS-2 $225,000 $1.41 $61,308 Muskego, Wisconsin 2 Lot 3 James Court Jul-22 171,191 3.9300 RS-2 $244,900 $1.43 $62,316 Muskego, Wisconsin 3 Lot 1 Martin Drive Sep-21 130,680 3.0000 RS-1 $225,000 $1.72 $75,000 Muskego, Wisconsin Compiled By: Single Source, Inc. Terms of Sale None of the sales involved unusual or favorable financing terms so adjustments for cash equivalency are not required. All of the sales were found to be arm's length transactions. All the sales included the entire bundle of rights. The sales were of fee simple estate and required no adjustment. Market Conditions Adjustments are necessary to account for inflationary forces in the market (time adjustment) and changes in supply/demand factors (market adjustments), which affect pricing levels. Inflation creates the need to apply an upward adjustment to pricing parameters to account for the long-term upward trend in price levels. Changing market conditions reflect either an upward or downward adjustment, depending on investors' perceived economic outlook and the supply/demand relationship in the market. All the sales that transferred prior to June 2023 required upward adjustments. The annual increase has been estimated at 5 percent per year. Governmental/Environmental/ and Off -Site Costs These costs are associated with impact fees charged for development, environmental cleanup or soil costs, and utility charges or off site costs. The subject property has municipal sewer service to the site with no municipal water. Sale No. 1 has municipal sewer and water to the site and is considered superior compared to the subject property. This sale was adjusted downward for this factor. Sale Nos. 2 and 3 lack municipal sewer and water and warrant upward adjustments. 26 107 LAND VALUE Size The subject's net site totals approximately 4.8510-acres or 211,310 square feet of land area. The comparables range from 3.000 to 3.930-acres. Typically the smaller the size, the higher the sale price on a unit basis. Sale Nos. 1 and 3 are smaller in size compared to the subject property and warranted downward adjustments for this element. The remaining Sale is similar in size and not adjusted. Location The subject property is situated on the north side of Hillendale Drive in Muskego, Wisconsin. All of the land sales are deemed similar areas and need no adjustments. Access and Visibility The subject property has good visibility from Hillendale Drive with good access to the highway and Interstate system. All of the sales have similar access and visibility. Other Physical Features The subject property is irregular in shape with level, sloping, and rolling topography. Sales with greatly varying topography or odd shapes would be more difficult to develop, thus inferior to level rectangular parcels. All of the Land Sales have mature trees on the sites and are generally superior compared to the subject. All of the sales are adjusted downward for this characteristic. Zoning The subject property is zoned RS-2, Suburban Residence District. The Highest and Best Use of the site was deemed residential development. Any zoning that would be more restricted with respect to use, have lower density restrictions, or lower height restrictions, would be considered inferior to the subject property. Land Sale No. 3 has inferior zoning compared to the subject and is adjusted upward for this factor. All of the remaining sales are similar to the subject property. Land Value Conclusion Following adjustment, the sale prices range from $1.16 to $1.85 per square foot with an average of $1.52 per square foot. Therefore, based on these sales, the subject's site is estimated to have a value near the average of the range at $1.50 per square foot. The following table presents the estimated land value conclusion. 27 108 LAND VALUE LAND SALE ADJUSTMENT GRID TRANSACTION DETAILS SUBJECT PROPERTY SALE No. 1 SALE No. 2 SALE No. 3 Sale Price -- $225,000 $244,900 $225,000 Date of Sale Jan-23 Jul-22 Sep-21 Site Size (SF) 211,310 159,865 171,191 130,680 Price/SF - $ 1.41 $ 1.43 $ 1.72 ADJUSTMENT PROCESS % $/SF % $/SF % $/SF Unadjusted Sale Price $ 1.41 $ 1.43 $ 1.72 Terms of Sale 0.00% $ - 0.00% $ 0.00% $ - Cash Equivalent Price/SF $ 1.41 $ 1.43 $ 1.72 Time/Market Conditions 2.08% $ 0.03 4.58% $ 0.07 8.33% $ 0.14 Current CE Price/SF $ 1.44 $ 1.50 $ 1.87 DIRECT ADJUSTMENTS Government Costs $ - $ - $ - Soil/Environmental $ - $ - $ - Utilities/Other Off -Site Costs -10.00% $ (0.14) 10.00% $ 0.15 10.00% $ 0.19 Total Direct Adjustments $ (0.14) $ 0.15 $ 0.19 Adjusted CE Sale Price/SF $ 1.29 $ 1.65 $ 2.05 PERCENTAGE ADJUSTMENTS Size 211,310 SF Smaller 159,865 Similar 171,191 Smaller 130,680 Location/Market Area Hillendale Drive Muskego, WI Access/Visibility Good/ Good Other Physical Features Level to sloping Irregular Shape Zoning RS-2 Total Percentage Adjustments FINAL ADJUSTED SALES PRICE/SF AVERAGE ADJUSTED SALES PRICE/SF CONCLUDED LAND VALUE/SF $ 1.50 SUBJECT SITE LAND SF 211,310 CONCLUDED "AS IS" VALUE $ 316,965 ROUNDED $ 317,000 -5.00% $ (0.06) 0.00% $ -10.00% $ (0.21) Similar Similar Similar 0.00% $ 0.00% $ 0.00% $ Similar Similar Similar 0.00% $ 0.00% $ 0.00% $ Superior Superior Superior -5.00% $ (0.06) -5.00% $ (0.08) -5.00% $ (0.10) Similar Similar Inferior 0.00% $ - 0.00% $ 5.00% $ 0.10 -10.00% $ (0.13) -5.00% $ (0.08)-10.00% $ (0.21) $ 1.16 $ 1.56 $ 1.85 $ 1.52 Compiled By: Single Source, Inc. LAND VALUE Square Feet X Value/SF = Value 211,310 X $1.50 = $316,965 Value Indication (Rounded): $317,000 Compiled By: Single Source, Inc. W: 109 RECONCILIATION OF VALUE RECONCILIATION OF VALUE The value conclusion for each applicable approach is summarized as follows: SUMMARY OF VALUE CONCLUSIONS Land Value $317,000 Source: Single Source, Inc. In the Sales Comparison Approach, the subject property is compared to similar properties that have been sold recently or for which listing prices or offers are known. The sales used in this analysis are considered generally comparable to the subject, and the required adjustments were based on reasonable and well - supported rationale. In addition, market participants are currently analyzing purchase prices on investment properties as they relate to available substitutes in the market. Therefore, the Sales Comparison Approach is considered to provide a reliable value indication and has been given primary emphasis in the final value reconciliation. It is estimated that the "as is" market value of the fee simple estate in the subject property, as of July 6, 2023, is: THREE HUNDRED SEVENTEEN THOUSAND DOLLARS ($317,000) This value is subject to all of the assumptions and limiting conditions stated throughout the report, including specific assumptions and limiting conditions. 29 110 ASSUMPTIONS AND LIMITING CONDITIONS ASSUMPTIONS AND LIMITING CONDITIONS 1. Unless otherwise specifically noted in the body of the report, it is assumed that title to the property or properties appraised is clear and marketable and that there are no recorded or unrecorded matters or exceptions to total that would adversely affect marketability or value. Single Source, Inc. is not aware of any title defects nor has it been advised of any unless such is specifically noted in the report. Single Source, Inc., however, has not examined title and makes no representations relative to the condition thereof. Documents dealing with liens, encumbrances, easements, deed restrictions, clouds and other conditions that may affect the quality of title have not been reviewed. Insurance against financial loss resulting in claims that may arise out of defects in the subject property's title should be sought from a qualified title company that issues or insures title to real property. 2. Unless otherwise specifically noted in the body of this report, it is assumed: that the existing improvements on the property or properties being appraised are structurally sound, seismically safe and code conforming; that all building systems (mechanical/electrical, HVAC, elevator, plumbing, etc.) are in good working order with no major deferred maintenance or repair required; that the roof and exterior are in good condition and free from intrusion by the elements; that the property or properties have been engineered in such a manner that the improvements, as currently constituted, conform to all applicable local, state, and federal building codes and ordinances. Single Source, Inc. professionals are not engineers and are not competent to judge matters of an engineering nature. Single Source, Inc. has not retained independent structural, mechanical, electrical, or civil engineers in connection with this appraisal and, therefore, makes no representations relative to the condition of improvements. Unless otherwise specifically noted in the body of the report: no problems were brought to the attention of Single Source, Inc. by ownership or management; Single Source, Inc. inspected less than 100% of the entire interior and exterior portions of the improvements; and Single Source, Inc. was not furnished any engineering studies by the owners or by the party requesting this appraisal. If questions in these areas are critical to the decision process of the reader, the advice of competent engineering consultants should be obtained and relied upon. It is specifically assumed that any knowledgeable and prudent purchaser would, as a precondition to closing a sale, obtain a satisfactory engineering report relative to the structural integrity of the property and the integrity of building systems. Structural problems and/or building system problems may not be visually detectable. If engineering consultants retained should report negative factors of a material nature, or if such are later discovered, relative to the condition of improvements, such information could have a substantial negative impact on the conclusions reported in this appraisal. Accordingly, if negative findings are reported by engineering consultants, Single Source, Inc. reserves the right to amend the appraisal conclusions reported herein. 3. Unless otherwise stated in this report, the existence of hazardous material, which may or may not be present on the property was not observed by the appraisers. Single Source, Inc. has no knowledge of the existence of such materials on or in the property. Single Source, Inc., however, is not qualified to detect such substances. The presence of substances such as asbestos, urea formaldehyde foam insulation, contaminated groundwater or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. We have inspected, as thoroughly as possible by observation, the land; however, it was impossible to personally inspect conditions beneath the soil. Therefore, no representation is made as to these matters unless specifically considered in the appraisal. 4. All furnishings, equipment and business operations, except as specifically stated and typically considered as part of real property, have been disregarded with only real property being considered in the report unless otherwise stated. Any existing or proposed improvements, on or off -site, as well as any alterations or repairs considered, are assumed to be completed in a workmanlike manner according to standard practices based upon the information submitted to Single Source, Inc.. This report may be subject to amendment upon re -inspection of the subject property subsequent to repairs, modifications, alterations and completed new construction. Any estimate of Market Value is as of the date indicated; based upon the information, conditions and projected levels of operation. 5. It is assumed that all factual data furnished by the client, property owner, owner's representative, or persons designated by the client or owner to supply said data are accurate and correct unless otherwise specifically noted in the appraisal report. Unless otherwise specifically noted in the appraisal report, Single Source, Inc. has no reason to believe that any of the data furnished contain any material error. Information and data referred to in this paragraph include, without being limited to, numerical street addresses, lot and block numbers, Assessor's Parcel Numbers, land dimensions, square footage area of the land, dimensions of the improvements, gross building areas, net rentable areas, usable areas, unit count, room count, rent schedules, income data, historical operating expenses, budgets, and related data. Any material error in any of the above data could have a substantial impact on the conclusions reported. Thus, Single Source, Inc. reserves the right to amend conclusions reported if made aware of any such error. Accordingly, the client -addressee should carefully review all assumptions, data, relevant calculations, and conclusions within 30 days after the date of delivery of this report and should immediately notify Single Source, Inc. of any questions or errors. 6. The date of value to which any of the conclusions and opinions expressed in this report apply, is set forth in the Letter of Transmittal. Further, that the dollar amount of any value opinion herein rendered is based upon the purchasing power of the American Dollar on that date. This appraisal is based on market conditions existing as of the date of this appraisal. Under the 30 111 ASSUMPTIONS AND LIMITING CONDITIONS terms of the engagement, we will have no obligation to revise this report to reflect events or conditions, which occur subsequent to the date of the appraisal. However, Single Source, Inc. will be available to discuss the necessity for revision resulting from changes in economic or market factors affecting the subject. 7. Single Source, Inc. assumes no private deed restrictions, limiting the use of the subject property in any way. 8. Unless otherwise noted in the body of the report, it is assumed that there are no mineral deposit or subsurface rights of value involved in this appraisal, whether they be gas, liquid, or solid. Nor are the rights associated with extraction or exploration of such elements considered unless otherwise stated in this appraisal report. Unless otherwise stated it is also assumed that there are no air or development rights of value that may be transferred. 9. Single Source, Inc. is not aware of any contemplated public initiatives, governmental development controls, or rent controls that would significantly affect the value of the subject. 10. The estimate of Market Value, which maybe defined within the body of this report, is subject to change with market fluctuations over time. Market value is highly related to exposure, time promotion effort, terms, motivation, and conclusions surrounding the offering. The value estimate(s) consider the productivity and relative attractiveness of the property, both physically and economically, on the open market. 11. Any cash flows included in the analysis are forecasts of estimated future operating characteristics are predicated on the information and assumptions contained within the report. Any projections of income, expenses and economic conditions utilized in this report are not predictions of the future. Rather, they are estimates of current market expectations of future income and expenses. The achievement of the financial projections will be affected by fluctuating economic conditions and is dependent upon other future occurrences that cannot be assured. Actual results may vary from the projections considered herein. Single Source, Inc. does not warrant these forecasts will occur. Projections may be affected by circumstances beyond the current realm of knowledge or control of Single Source, Inc.. 12. Unless specifically set forth in the body of the report, nothing contained herein shall be construed to represent any direct or indirect recommendation of Single Source, Inc. to buy, sell, or hold the properties at the value stated. Such decisions involve substantial investment strategy questions and must be specifically addressed in consultation form. 13. Also, unless otherwise noted in the body of this report, it is assumed that no changes in the present zoning ordinances or regulations governing use, density, or shape are being considered. The property is appraised assuming that all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, nor national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimates contained in this report is based, unless otherwise stated. 14. This study may not be duplicated in whole or in part without the specific written consent of Single Source, Inc. nor may this report or copies hereof be transmitted to third parties without said consent, which consent Single Source, Inc. reserves the right to deny. Exempt from this restriction is duplication for the internal use of the client -addressee and/or transmission to attorneys, accountants, or advisors of the client -addressee. Also exempt from this restriction is transmission of the report to any court, governmental authority, or regulatory agency having jurisdiction over the party/parties for whom this appraisal was prepared, provided that this report and/or its contents shall not be published, in whole or in part, in any public document without the express written consent of Single Source, Inc. which consent Single Source, Inc. reserves the right to deny. Finally, this report shall not be advertised to the public or otherwise used to induce a third party to purchase the property or to make a "sale" or "offer for sale" of any "security", as such terms are defined and used in the Securities Act of 1933, as amended. Any third party, not covered by the exemptions herein, who may possess this report, is advised that they should rely on their own independently secured advice for any decision in connection with this property. Single Source, Inc. shall have no accountability or responsibility to any such third party. 15. Any value estimate provided in the report applies to the entire property, and any pro ration or division of the title into fractional interests will invalidate the value estimate, unless such pro ration or division of interests has been set forth in the report. 16. The distribution of the total valuation in this report between land and improvements applies only under the existing program of utilization. Component values for land and/or buildings are not intended to be used in conjunction with any other property or appraisal and are invalid if so used. 17. The maps, plats, sketches, graphs, photographs and exhibits included in this report are for illustration purposes only and are to be utilized only to assist in visualizing matters discussed within this report. Except as specifically stated, data relative to size or area of the subject and comparable properties has been obtained from sources deemed accurate and reliable. None of the exhibits are to be removed, reproduced, or used apart from this report. 18. No opinion is intended to be expressed on matters, which may require legal expertise or specialized investigation, or knowledge beyond that customarily employed by real estate appraisers. Values and opinions expressed presume that environmental and other governmental restrictions/conditions by applicable agencies have been met, including but not limited to seismic hazards, flight patterns, decibel levels/noise envelopes, fire hazards, hillside ordinances, density, allowable uses, building codes, permits, licenses, etc. No survey, engineering study or architectural analysis has been made known to Single Source, Inc. unless otherwise stated within the body of this report. If the Consultant has not been supplied with a termite inspection, survey or 31 iIFIA ASSUMPTIONS AND LIMITING CONDITIONS occupancy permit, no responsibility or representation is assumed or made for any costs associated with obtaining same or for any deficiencies discovered before or after they are obtained. No representation or warranty is made concerning obtaining these items. Single Source, Inc. assumes no responsibility for any costs or consequences arising due to the need, or the lack of need, for flood hazard insurance. An agent for the Federal Flood Insurance Program should be contacted to determine the actual need for Flood Hazard Insurance. 19. Acceptance and/or use of this report constitutes full acceptance of the Contingent and Limiting Conditions and special assumptions set forth in this report. It is the responsibility of the Client, or client's designees, to read in full, comprehend and thus become aware of the aforementioned contingencies and limiting conditions. Neither the Appraiser nor Single Source, Inc. assumes responsibility for any situation arising out of the Client's failure to become familiar with and understand the same. The Client is advised to retain experts in areas that fall outside the scope of the real estate appraisal/consulting profession if so desired. 20. Single Source, Inc. assumes that the subject property analyzed herein will be under prudent and competent management and ownership; neither inefficient or super -efficient. 21. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless noncompliance is stated, defined and considered in the appraisal report. 22. No survey of the boundaries of the property was undertaken. All areas and dimensions furnished are presumed to be correct. It is further assumed that no encroachments to the realty exist. 23. Professional fees for additional services will be based on actual time spent at a regular hourly of $300 per hour. Professional fees for Litigation Services will be based on actual time spent at a regular hourly of $300 per hour. 24. The Americans with Disabilities Act (ADA) became effective January 26, 1992. Notwithstanding any discussion of possible readily achievable barrier removal construction items in this report, Single Source, Inc. has not made a specific compliance survey and analysis of this property to determine whether it is in conformance with the various detailed requirements of the ADA. It is possible that a compliance survey of the property together with a detailed analysis of the requirements of the ADA could reveal that the property is not in compliance with one or more of the requirements of the ADA. If so, this fact could have a negative effect on the value estimated herein. Since Single Source, Inc. has no specific information relating to this issue, nor is Single Source, Inc. qualified to make such an assessment, the effect of any possible non-compliance with the requirements of the ADA was not considered in estimating the value of the subject property. 25. Client shall not indemnify Appraiser or hold Appraiser harmless unless and only to the extent that the Client misrepresents, distorts, or provides incomplete or inaccurate appraisal results to others, which acts of the Client proximately result in damage to Appraiser. The Client shall indemnify and hold Appraiser harmless from any claims, expenses, judgments or other items or costs arising as a result of the Client's failure or the failure of any of the Client's agents to provide a complete copy of the appraisal report to any third party. In the event of any litigation between the parties, the prevailing party to such litigation shall be entitled to recover from the other reasonable attorney fees and costs. 32 113 ADDENDA ADDENDA 114 ADDENDUM A GLOSSARY OF TERMS ADDENDUM A GLOSSARY OF TERMS 115 ADDENDUM A GLOSSARY OF TERMS assessed value Assessed value applies in ad valorem taxation and refers to the value of a property according to the tax rolls. Assessed value may not conform to market value, but it is usually calculated in relation to a market value base. t cash equivalency The procedure in which the sale prices of comparable properties sold with atypical financing are adjusted to reflect typical market terms. contract, coupon, face, or nominal rent The nominal rent payment specified in the lease contract. It does not reflect any offsets for free rent, unusual tenant improvement conditions, or other factors that may modify the effective rent payment. coupon rent See Contract, Coupon, Face, or Nominal Rent effective rent 1) The rental rate net of financial concessions such as periods of no rent during a lease term; may be calculated on a discounted basis, reflecting the time value of money, or on a simple, straight-line basis. t 2) The economic rent paid by the lessee when normalized to account for financial concessions, such as escalation clauses, and other factors. Contract, or normal, rents must be converted to effective rents to form a consistent basis of comparison between comparables. face rent See Contract, Coupon, Face, or Nominal Rent fee simple estate Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. t floor area ratio (FAR) The relationship between the above- ground floor area of a building, as described by the building code, and the area of the plot on which it stands; in planning and zoning, often expressed as a decimal, e.g., a ratio of 2.0 indicates that the permissible floor area of a building is twice the total land area; also called building -to - land ratio. $ full service lease A lease in which rent covers all operating expenses. Typically, full service leases are combined with an expense stop, the expense level covered by the contract lease payment. Increases in expenses above the expense stop level are passed through to the tenant and are known as expense pass-throughs. going concern value Going concern value is the value of a proven property operation. It includes the incremental value associated with the business concern, which is distinct from the value of the real estate only. Going concern value includes an intangible enhancement of the value of an operating business enterprise, which is produced by the assemblage of the land, building, labor, equipment, and marketing operation. This process creates an economically viable business that is expected to continue. Going concern value refers to the total value of a property, including both real property and intangible personal property attributed to the business value. t gross building area (GBA) The sum of all areas at each floor as measured to the exterior walls. insurable value Insurable Value is based on the replacement and/or reproduction cost of physical items that are subject to loss from hazards. Insurable value is that portion of the value of an asset or asset group that is acknowledged or recognized under the provisions of an applicable loss insurance policy. This value is often controlled by state law and varies from state to state. t investment value Investment value is the value of an investment to a particular investor based on his or her investment requirements. In contrast to market value, investment value is value to an individual, not value in the marketplace. Investment value reflects the subjective relationship between a particular investor and a given investment. When measured in dollars, investment value is the price an investor would pay for an investment in light of its perceived capacity to satisfy his or her desires, needs, or investment goals. To estimate investment value, specific investment criteria must be known. Criteria to evaluate a real estate investment are not necessarily set down by the individual investor; they may be established by an expert on real estate and its value, that is, an appraiser. t leased fee See leased fee estate leased fee estate An ownership interest held by a landlord with the right of use and occupancy conveyed by lease to others. The rights of the lessor (the leased fee owner) and the leased fee are specified by contract terms contained within the lease.$ leasehold See leasehold estate leasehold estate The interest held by the lessee (the tenant or renter) through a lease conveying the rights of use and occupancy for a stated term under certain conditions.$ load factor The amount added to usable area to calculate the rentable area. It is also referred to as a "rentable add -on factor" which, according to BOMA, "is computed by dividing the difference between the usable square footage and rentable square footage by the amount of the usable area. Convert the figure into a percentage by multiplying by 100. market value "as if complete" on the appraisal date Market value as if complete on the appraisal date is an estimate of the market value of a property with all construction, conversion, or rehabilitation hypothetically completed, or under other specified hypothetical conditions as of the date of the appraisal. With regard to properties wherein anticipated market conditions indicate that stabilized occupancy is not likely as of the date of completion, this estimate of value should reflect the market value of the property as if complete and prepared for occupancy by tenants. market value "as is" on the appraisal date Market value "as is" on the appraisal date is an estimate of the market value of a property in the condition observed upon 116 ADDENDUM A GLOSSARY OF TERMS inspection and as it physically and legally exists without hypothetical conditions, assumptions, or qualifications as of the date of appraisal. market value Market value is one of the central concepts of the appraisal practice. Market value is differentiated from other types of value in that it is created by the collective patterns of the market. Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1) A reasonable time is allowed for exposure in the open market; 2) Both parties are well informed or well advised, and acting in what they consider their own best interests; 3) Buyer and seller are typically motivated; 4) Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5) The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.§ marketing period The time it takes an interest in real property to sell on the market subsequent to the date of an appraisal. $ net lease Lease in which all or some of the operating expenses are paid directly by the tenant. The landlord never takes possession of the expense payment. In a Triple Net Lease all operating expenses are the responsibility of the tenant, including property taxes, insurance, interior maintenance, and other miscellaneous expenses. However, management fees and exterior maintenance are often the responsibility of the lessor in a triple net lease. A modified net lease is one in which some expenses are paid separately by the tenant and some are included in the rent. net rentable area (NRA) 1) The area on which rent is computed. 2) The Rentable Area of a floor shall be computed by measuring to the inside finished surface of the dominant portion of the permanent outer building walls, excluding any major vertical penetrations of the floor. No deductions shall be made for columns and projections necessary to the building. Include space such as mechanical room, janitorial room, restrooms, and lobby of the floor. * nominal rent See Contract, Coupon, Face, or Nominal Rent prospective future value "upon completion of construction" Prospective future value "upon completion of construction" is the prospective value of a property on the future date that construction is completed, based upon market conditions forecast to exist, as of that completion date. The value estimate at this stage is stated in current dollars unless otherwise indicated. prospective future value "upon reaching stabilized occupancy" Prospective future value "upon reaching stabilized occupancy" is the prospective value of a property at a future point in time when all improvements have been physically constructed and the property has been leased to its optimum level of long-term occupancy. The value estimate at this stage is stated in current dollars unless otherwise indicated. reasonable exposure time The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; a retrospective estimate based upon an analysis of past events assuming a competitive and open market. tt rent see full service lease net lease contract, coupon, face, or nominal rent effective rent shell space Space which has not had any interior finishing installed, including even basic improvements such as ceilings and interior walls, as well as partitions, floor coverings, wall coverings, etc.. Usable Area 1) The area actually used by individual tenants. 2) The Usable Area of an office building is computed by measuring to the finished surface of the office side of corridor and other permanent walls, to the center of partitions that separate the office from adjoining usable areas, and to the inside finished surface of the dominant portion of the permanent outer building walls. Excludes areas such as mechanical rooms, janitorial room, restrooms, lobby, and any major vertical penetrations of a multi -tenant floor. * use value Use value is a concept based on the productivity of an economic good. Use value is the value a specific property has for a specific use. Use value focuses on the value the real estate contributes to the enterprise of which it is a part, without regard to the property's highest and best use or the monetary amount that might be realized upon its sale. t value appraised During the real estate development process, a property typically progresses from a state of unimproved land to construction of improvements to stabilized occupancy. In general, the market value associated with the property increases during these stages of development. After reaching stabilized occupancy, ongoing forces affect the property during its life, including a physical wear and tear, changing market conditions, etc. These factors continually influence the property's market value at any given point in time. See also market value "as is" on the appraisal date market value "as if complete" on the appraisal date prospective future value "upon completion of construction" prospective future value "upon reaching stabilized occupancy" 117 ADDENDUM B ADDITIONAL PHOTOGRAPHS ADDENDUM B ADDITIONAL PHOTOGRAPHS 118 'rss�a.x :etmi wsoT.q:: aigi;c`.A m.-�. -err 4 R �k4lCE .+a�'�,�r.�_ t \ - a z ff �i ' iY ' ' � "�'�3� yea r � r rp . a a, �^ -e -�+ f •,, �, . � -` �r �� �1y'.� � Apr tq st a - 1� ' � t ` ) -:� � �f Aa`� l I•i' s A"' ` �y s _ 4(`'� �� C�r�� ` Y.t y�g �d° 9 i-' V' ; •F 5�,�„ �''+l �vs� r'� A' t� r �. � I—- �J:— ��� - .s •�` e�lr _" 3� � §-�r. �" ter' v , ADDENDUM B ADDITIONAL PHOTOGRAPHS at fi s •3.... ;' ��. j'F. �'_{. Y .s.`x _:�`d:. .�� 4 1 '� fit g�'YL \' '.. VIEW OF SUBJECT PROPERTY 120 ADDENDUM C COMPARABLE LAND SALES ADDENDUM C COMPARABLE LAND SALES 121 ADDENDUM C COMPARABLE LAND SALES LAND SALE NO. 1 a k � :�• 4q� - a1 x t�3 ,x � rti Property Identification Location: S85 W17776 Woods Road Muskego, Waukesha County, Wisconsin Property Description Land Area: Approximately 3.67-acres or 159,865-square feet Zoning: RS-2, Suburban Residence District Topography: Level to sloping Utilities: All available including sewer and water Intended Use: Single Family Home AADT: None compiled by State Tax Key Number: MSKC 2224995 Sale Data Date of Sale: January, 2023 Sale Price: $225,000 Sale Price/SF: $1.41 Sale Price/Acre: $61,308 Grantor: The Estate of Karen Verburgt Grantee: Gregg Schmidt Properties LLC Document No.: 4707229 Conveyance: Warranty Deed Financing: All cash to the seller Verified By: IPAS, Public Records, MLS, Assessor Verified To: Jay McSorley 122 ADDENDUM C COMPARABLE LAND SALES Legal Description: Lot Parcel Two (2) of Certified Survey Map No. 2748, recorded in the Office of Register of Deeds for—I_DR4— County, Wisconsin on November 10, 1976 in Volume 20 of Certified Survey Maps, pages 131, 132 and 133, as Document No. 974541, being a part of the Southeast One -quarter (1/4) of Section Sixteen (16), Township Five (5) North, Range Twenty (20) East, in the City of Muskego, Waukesha County, Wisconsin. Also, A parcel of land in the Southeast One -quarter (1/4) of Section Sixteen (16), Township Five (5) North, Range Twenty (20) East, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the Southwest corner of the Northwest 1 /2 of said 1/4 Section; thence Easterly along the South line of the Northwest 1/4 of said Southeast 1/4, 380.96 feet of the point of beginning; thence North and parallel to the West line of said 1/4 Section, 320.93 feet to a point; thence Easterly and parallel to the South line of the North 1/2 of said 1/4 Section, 271.60 feet to a point in the West line of Certified Survey Map No. 3060; thence South and parallel to the West line of said 1/4 Section, 320.93 feet to a point in the North line of Certified Survey Map No. 2748; thence Westerly along the South line of the North 1 /2 of said 14/ Section, 271.60 feet to the point of beginning Comments: The property is located on the north side of Woods Road in the City of Muskego. The sale site is generally level to sloping, irregular in shape and is serviced with municipal water and sewer. The site was improved with a single family home and has some mature trees. 123 ADDENDUM C COMPARABLE LAND SALES Parcel 124 ADDENDUM C COMPARABLE LAND SALES LAND SALE NO. 2 '� ram,, �y �: M� �"r: � :: W � :� d •;z y i Property Identification Location: Lot 3 on the east side of James Court Muskego, Waukesha County, Wisconsin Property Description Land Area: Approximately 3.930-acres or 171,191-square feet Zoning: RS-2, Suburban Residence District Topography: Level to sloping Utilities: Most available, sewer and water are not available to site Intended Use: Single Family Home AADT: None compiled by State Tax Key Number: MSKC 2186998003 Sale Data Date of Sale: July, 2022 Sale Price: $244,900 Sale Price/SF: $1.43 Sale Price/Acre: $62,316 Grantor: Daniel Newsom Grantee: Ty Hoffman Document No.: 4677373 Conveyance: Warranty Deed Financing: All cash to the seller Verified By: IPAS, Public Records, MLS, Assessor, and listing broker Melissa Story Verified To: Jay McSorley 125 ADDENDUM C COMPARABLE LAND SALES Legal Description: Lot 3 of Certified Survey Map No. 10371, recorded April 20, 2007 in Volume 98, Pages 229-232, as Document No. 3474683, being a part of the Northwest 1/4 of the Northwest 1/4 of Section 7, Township 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin Comments: The property is located on the east side of James Court in the City of Muskego. The sale site is generally level to sloping, irregular in shape and is serviced with no municipal water and sewer to the site. The site remains vacant and has some mature trees. 126 ADDENDUM C COMPARABLE LAND SALES Parcel Map 127 ADDENDUM C COMPARABLE LAND SALES LAND SALE NO. 3 10 Property Identification Location: Lot 1 Martin Drive Muskego, Waukesha County, Wisconsin Property Description Land Area: Approximately 3.67-acres or 159,865-square feet Zoning: RS-2, Suburban Residence District Topography: Level to sloping Utilities: All available including sewer and water Intended Use: Unknown AADT: None compiled by State Tax Key Number: MSKC 2224995 Sale Data Date of Sale: January, 2023 Sale Price: $225,000 Sale Price/SF: $1.41 Sale Price/Acre: $61,308 Grantor: The Estate of Karen Verburgt Grantee: Gregg Schmidt Properties LLC Document No.: 4707229 Conveyance: Warranty Deed Financing: All cash to the seller Verified By: IPAS, Public Records, MLS, Assessor, and listing broker Elizabeth Klug Verified To: Jay McSorley 128 ADDENDUM C COMPARABLE LAND SALES Legal Description: Parcel 1 of Certified Survey Map No. 3124 recorded November 9, 1977 in Volume 23 of CSMs, Page 189 as Document No. 1024042, being a part of the Southwest 1 /4 of Section 3, Township 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin. Parcel 2: Nonexclusive easement for the benefit of Parcel 1 for ingress and egress over, under and across the West 60 feet of Parcel 2 of Certified Survey Map No. 3124 recorded November 9, 1977 in Volume 23 of CSMs, Page 189 as Document No. 1024042, being a part of the Southwest 1/4 of Section 3, Township 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin, as depicted on said Certified Survey Map. Comments: The property has a 60-foot easement that leads from the north side of Woods Road to the north and site, all situated in the City of Muskego. The sale site is generally level to sloping, rectangular in shape with some mature trees. The property is not serviced with municipal water and sewer and will require a private well and septic system. The site remains vacant and has some mature trees. 129 r' F I I v tom., 4 '7r•-•* g Tel *,�;I '�' Greenctidg 4 s t y ii l -tl j SW . -ter •f 4fd Ire jw — jF ► 4' ■ 4 ADDENDUM D ZONING CODE ADDENDUM D ZONING CODE 131 ADDENDUM D ZONING CODE CHAPTER 400. ZONING ARTICLE VIII. BASE DISTRICTS 6 400-48. RS-2 Suburban Residence District. A. Statement of intent. This district is intended to provide for a moderately high -quality detached single- family residential development of a suburban character, but of slightly higher density and permitting smaller lots and smaller houses than the RS-1 District and intended to be served by municipal sewer facilities. B. Basic regulations. (See Article V for general enabling and qualifying language.) Lot size. (a) Minimum area: 20,000 square feet. Minimum average width: 110 feet. Double for development without municipal sewer. Density. Residential lot area per dwelling unit; lot area per dwelling unit: 20,000 square feet. Double for development without municipal sewer. Building location. (a) Minimum setback: 40 feet. Minimum offset: j1l One side: 15 feet. f2l All other sides: 20 feet. Fifty -foot lakeshore offset for parcels abutting a lakeshore. Building size. (a) Minimum residential floor area: f1j Single-family:u fal First floor: 1,100 square feet. f bl Total: 1,100 square feet. j11 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). [21 Multifamily per dwelling unit: —. Floor area ratio: 25%. Open space. Minimum per residential dwelling unit: 15,000 square feet. Double for development without municipal sewer. Height. Maximum permitted: (a) Principal structure: 30 feet. Accessory structure: see Article V. C. Permitted uses (see Article V). M Permitted uses by right. Any use as permitted by right in the RCE District. Permitted accessory uses. (a) Any accessory use permitted in the RCE District. Boathouses as permitted in the RL Districts if the parcel abuts a lakeshore. Permitted uses by conditional grant. Any conditional use permitted in the RCE District. 132 ADDENDUM E FLOOD PLAIN MAP ADDENDUM E FLOOD PLAIN MAP 133 ADDENDUM E FLOOD PLAIN MAP FLOOD PLAIN MAP ational Flood Hazard Layer FIRMette 250 500 1,000 1.500 Ifs reel 1:6,000 2 000 E to MIA Legend SEE 11 a—mn —ILI LEGEIIP-1 INDEX rn.n ma Ema naxE1-1 Whno^1tyBase Flare Elevation SBFF1 SPEpAL FLOOD With BFE or Deptll zoneae as lx, ve.ae HAzARO AREAS RapdamryFloodwry f aaaa�atEe' 1 02%M... I Chance Floor) H.I Areas of 1%annual chance Hand with-1.9. depth less than one foot or with drainage .rasa of lava than on. squan mile zarmX Future Conditions 1%Annual Chance Flaad H—rd — Area with Reduced flood Rlsh due be OTHER AREAS OF - Levee. Sea Noms, rm.x FLOOD HAZARD Area with Fluor Hisk tluem L.v n—. ry Am. of III I Flood Hamra! zmex Eflerlrve LOMRn OTHER AREAS Area of undetermined Flootl Hazard zip GENERAL ---� ChannelO h,w. or Smrrlt Sewer STRUCTURES 11111 I I Levee, Dlke, or Floodwall Crean 5.ctiorrs with 1%Maus) Chance n a.6 W.I., SUHaw EMvaticn COael.l7ransec[ �— Base Flootl Elevation Lina (RIFE) Limit of Study c 14dadlatipn BepnddEy — --- Cw hr' Trensac[ Bawtmu OTHER profile eas.Line FEATURE Hydmgraphk Feature Digital Data Availahle iJ No Digital Date Available MAP PANELS prepped 9 Th. pin tlisplay.d on the map is a n app—imal. pain[eelenlatl by the user antl doer notrepreenat ah autlyorkatlw property l000tlon. This map aompll%with FEMA's etaedaren for the -of dighal Nootl maps N It is rwtroid as described below. The baxmapshvwnwmpIme th FEMX' baaemap aca4raay uaneardn The flood hazer) Infolmatlon Is derived directly from the aulheritatiw NFH L web In r ..s prwidad by FEMA. This exportedmap as on 7JW2023 at 8 a2 PM �M atlean net rwefthd changes or amerdmems subsequent m Ihle data and L_ Th. NFHL antl uRucliw inlalmalian may ahan$u ar ap bamme n.raed.d by new dot. wartime_ This map Image Is void H the one or more of the follovdng map ants do retapp-r: baamap imapry, fbad Xorw labels, legend, scale bar, map creation dale, community ide.,I FIRM penal number, and FIRM :))active date. Map Imagesfor mapped and unmoderraed .real r.mrof be aced II ,I purpasea. 134 ADDENDUM F LEGAL DESCRIPTION ADDENDUM F LEGAL DESCRIPTION 135 ADDENDUM F LEGAL DESCRIPTION Lot 2 of Certified Survey Map No. 11214 and part of the Southeast 1/a of the Northwest 1/4in Section 8, Township 5 North, Range 20 East in the City of Muskego, Waukesha County, Wisconsin. 136 ADDENDUM G QUALIFICATIONS ADDENDUM G QUALIFICATIONS 137 ADDENDUM G QUALIFICATIONS QUALIFICATIONS JAY McSORLEY PROFESSIONAL POSITION: Counselor specializing in all phases of residential, commercial and industrial real estate valuation and evaluation including appraisal, feasibility, ad valorem tax analysis, condemnation, and marketability studies. Interesting assignments include the appraisal of a United States Air Force Plant 85 in Columbus, Ohio, residential retirement facilities, water and cargo transportation terminal, corporate headquarters, large retail centers, and the Walter Payton Roundhouse in Aurora, Illinois. EDUCATION: Masters of Arts in Real Estate and Urban Analysis, University of Florida- Gainesville, graduated December 1991. Bachelor of Science in Urban Analysis and Development, University of Wisconsin- Whitewater, graduated December 1988. Wisconsin State Certified General Appraiser, #458- granted August 16,1993 SHILLS Computer literate with the windows environment; software literate with Word, Excel, Project +, and Argus. PROFESSIONAL EXPERIENCE: 1994 - Present 1991 - 1994 1990 - 1991 MAJOR CLIENTS SERVED: JPMorgan Chase Bank First Citizens Bank & Trust Company US Bank Wells Fargo Bank Town Bank City of Milwaukee Milwaukee County Kenosha County McSorley & McSorley Real Estate Services, Inc. Principal Appraisal Systems Real Estate Analyst and Appraiser Kevin K. Nunnink & Associates, Inc. Real Estate Analyst and Appraiser TSB Bank Johnson Bank First Citizens Bank and Trust Company BMO Harris Bank Home Federal Savings Bank State of Wisconsin Waukesha County Washington County 138 ADDENDUM G QUALIFICATIONS FXWR L 12A4/2023 NO. 458-10 Qrje Mate of Vi9fDtlSltl Mepartment of *afetp anb Profe!55iontr �berbice!5 aaf JAY S MCSORLEY cva y«rrzfcda rev,c- k % frracirsc ai a CERTIFIED GENERAL APPRAISER. ELIGIBLE TO APPRAISE FEDERALLY RELATED TRANSACTIONS IS AQB COMPLIANT an -//a& im arm""/awe-- ya", rya Tore i6t day ylyluymdl'r z &'' ye-aw /.99J. �c�rulcre7sn�afcd�eErErizm.usf��azzecUede�zeftc�r✓arum telurakiz a<cAurf�. wiz arrr�iQs 7.�cs e•� �e �taf� �✓tiezlr�zsfur �f�LC7i�72FiL�L�JIi�� lLPdd�Yl��IJCGY6Q-L JflYJG(.�•! fins eaused�rJ e���cui� � � euucd�zdEi• eZ, c etcriietel` DSRSSxretoy �ii�u eu? caafe rrtaJ�u-uefee�ore b�� 1Gffr rl.V 5�!Y r —y — .13(ey rr 9G_9.3 139 COMMON COUNCIL — CITY OF MUSKEGO RESOLUTION #057-2023 APPROVAL OF REDUCTION OF CASH DEPOSIT FOR JAMES BASELER WHEREAS, James Baseler entered into a Development Agreement with the City to construct sanitary sewer for the Baseler Court development located on the south side of Henneberry Drive 2,400 feet east of Hillendale Drive; and WHEREAS, The development is moving forward in a satisfactory manner as determined by the Director of Public Works and Development; and WHEREAS, As a result thereof, James Baseler has submitted a request for a reduction to their cash deposit; and WHEREAS, The Public Works and Development Director has recommended that the cash deposit be reduced by $69,259.91, leaving a remaining balance of $328,705.09. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve that the cash deposit for James Baseler be reduced from $397,965.00 to $328,705.09. DATED THIS 5th DAY OF SEPTEMBER 2023. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #057-2023, which was adopted by the Common Council of the City of Muskego. City Clerk 9/23cmc 140 �„�iSKEGO Reports and Presentations to Finance/Common Council To: Finance/Common Council From: Scott Kroeger Department: Public Works & Development Subject: Baseler Court development cash reduction Date: June 27, 2023 Background Information: Baseler Court development is moving forward. The development is located on the south side of Henneberry Drive 2,400 feet east of Hillendale Drive. The developer is ready for a cash reduction base on construction work performed. The recommendation is to reduce the cash deposit by $69,259.91. The cash deposit would be reduced from $397,965 to $328,705.09. Key Issues for Consideration: 1. Cash Reduction breakdown Recommendation for Action by Committee and/or Council: The Finance/Common Council approve the reduction of cash from $397,965 to $328,705.09 for the Baseler Court Development. Date of Committee Action: September 5, 2023 Planned Date of Council Action (if required): September 5, 2023 Total $ Needed: N/A Fiscal Note(s): N/A $ Budgeted: N/A Expenditure Account(s) to Be Used: N/A (3/2019) 141 COST BREAKDOWN Baseler Court August 29, 2023 Proposed Cost LOC Red No.1 ADJ. BAL. #1 ROAD CONSTRUCTION a. Stone/Binder Lifts of Asphalt/Curb & Gutter $ 106,528.42 $106,528.42 b. Final Lift of Asphalt (including final inlet adjustments) $ 35,720.00 $ 35,720.00 c. Recreational Trail or Sidewalk $ - $ - d. Other (Misc. Removals) $ - $ - e. Engineering Inspections (estimate only) $ 15,647.33 $ 15,647.33 $ 157,895.75 $157,895.75 #2 SITE GRADING/LANDSCAPING/RESTORATION a. Erosion control $ - b. Site Grading $ 82,000.00 $41,000.00 $ 41,000.00 c. Landscaping (street trees, prairie) $ - d. Site Restoration (topsoil/seed or sod as required) $ 19,969.00 $ 19,969.00 e. Clear and Grub Site $ - f. Engineering Inspections (estimate only) $ 11,216.59 $5,216.59 $ 6,000.00 $ 113,185.59 $46,216.59 $66,969.00 #4 SANITARY SEWER SYSTEM a. Mains & Manholes $ - b. Laterals $ - c. Pumping station & Generator $ - d. Force main $ - e. Grinder pumps &chamber-indiv dwelling $ - f. Engineering Inspections (estimate only) $ - g. Other (Cleaning By Contractor & TV by City) $ - $ - $0.00 $0.00 #5 WATER MAIN SYSTEM a. Mains, valves & manholes $ - b. Hydrants, valves & leads $ - c. Water services $ - d. Well & pumphouse $ - e. Engineering Inspections (estimate only) $ - f. Other $ - $ - $ - $0.00 #6 STORM SEWER SYSTEM a. Mains & manholes $ - $ - b. Inlets $ - $ - c. Laterals + Sump Lines $ - $ - d. Headwalls/discharge structures $ 38,338.80 $11,500.00 $ 26,838.80 e. Engineering Inspections (estimate only) $ 4,217.27 $ 4,217.27 f. Other $ - $ 42,556.07 $11,500.00 $31,056.07 #7 SPECIAL/MISC IMPROVEMENTS a. Street lights ( WE Energies Lights) b. Street signs c. Other- Retaining Wall #8 FEES a. City administration b. Engineering Design and Admin and Testing C. Engineering -As builts for underground (by City consultant) d. Engineering- Survey & Grading As-builts e. Legal f. Other TOTAL PROJECT ESTIMATE 120 % = LETTER OF CREDIT AMOUNT $ - $0.00 $0.00 $ 5,000.00 $ 5,000.00 $ 3,000.10 $ 3,000.10 $ 10,000.00 $ 10,000.00 $ 18,000.10 $ - $ 18,000.10 $ 331,637.50 $ 57,716.59 $ 273,920.91 $ 397,965.00 $ 69,259.91 $ 328,705.09 LOC Remaining $ 69,259.91 LOC Reduction with the 20% iE,K CITY OF MUSKEGO FINANCE COMMITTEE MINUTES July 25, 2023 5:30 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 5:30 p.m. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. Rn1 I rAl I APPROVED se Csy of SKEGO Present: Alderperson Wolfe, Alderperson Schroeder, Alderperson Madden Also present: Ald. Terrence, Hammel, Kapusta, Kubacki; City Attorney Warchol, Finance & Administrative Director Mueller, Assistant Finance & Administrative Director Mustapich, Public Works and Development Director Kroeger, Recreation Program Manager Dunn, IT Director Loudon, Chief Westphal, and Assistant Deputy -Clerk Treasurer Crisp PUBLIC MEETING NOTICE Assistant Deputy -Clerk Treasurer Crisp stated that the meeting was noticed in accordance with the open meeting law. APPROVAL OF MINUTES Finance Committee Minutes - July 11, 2023 FCM 2023.07.11 DRAFT v2.docx Moved by Alderperson Wolfe; seconded by Alderperson Schroeder to Approve. Motion Passed: 3 - 0 Voting For: Alderperson Wolfe, Alderperson Schroeder, Alderperson Madden Voting Against: None LICENSE APPROVALS None/No action taken. NEW BUSINESS Recommend Approval of Letter of Credit Reduction for Hrin Investments, LLC Finance Memo - HRIN Investments LLC LOC reduction.docx Madyson Court_LOC3_MNP.pdf Moved by Alderperson Madden; seconded by Alderperson Schroeder to Recommend for Approval. Motion Passed: 3 - 0 Voting For: Alderperson Wolfe, Alderperson Schroeder, Alderperson Madden Voting Against: None 143 Finance Committee Meeting Minutes — July 25, 2023 Page 12 Recommend Approval of Letter of Credit Reduction for Muskego Lakes Estates, LLC Finance Memo - Muskego Lakes Estate LOC #9.docx LOC-MuskegoLakesRevisedMNP2.pdf Moved by Alderperson Madden; seconded by Alderperson Schroeder to Recommend for Approval. Motion Passed: 3 - 0 Voting For: Alderperson Wolfe, Alderperson Schroeder, Alderperson Madden Voting Against: None Approve Business License Module Software Agreement (Civic Systems) Staff Memo - Business License Module 2023.docx Muskego WI Business Licenses 7-21-23 ML.pdf Moved by Alderperson Madden; seconded by Alderperson Schroeder to Approve. Motion Passed: 3 - 0 Voting For: Alderperson Wolfe, Alderperson Schroeder, Alderperson Madden Voting Against: None VOUCHER APPROVAL Utility Vouchers - $22,221.23 Moved by Alderperson Madden; seconded by Alderperson Wolfe to Recommend for Approval. Motion Passed: 3 - 0 Voting For: Alderperson Wolfe, Alderperson Schroeder, Alderperson Madden Voting Against: None Tax Vouchers - $2,372.00 Moved by Alderperson Madden; seconded by Alderperson Schroeder to Recommend for Approval. Motion Passed: 3 - 0 Voting For: Alderperson Wolfe, Alderperson Schroeder, Alderperson Madden Voting Against: None General Fund Vouchers - $1,345,289.57 Moved by Alderperson Madden; seconded by Alderperson Schroeder to Recommend for Approval. Motion Passed: 3 - 0 Voting For: Alderperson Wolfe, Alderperson Schroeder, Alderperson Madden Voting Against: None Wire Transfers for Payroll/Invoice Transmittals - $400,790.54 Moved by Alderperson Madden; seconded by Alderperson Wolfe to Recommend for Approval. Motion Passed: 3 - 0 Voting For: Alderperson Wolfe, Alderperson Schroeder, Alderperson Madden Voting Against: None Vouchers - Total Sheet.pdf Board Voucher Report - Alpha.pdf FINANCE DIRECTOR'S REPORT None/No action taken. COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW None/No action taken. 144 Finance Committee Meeting Minutes — July 25, 2023 Page 13 ADJOURNMENT Moved by Alderperson Wolfe; seconded by Alderperson Wolfe to Adjourn at 5:33 p.m. Motion Passed: 3 - 0 Voting For: Alderperson Wolfe, Alderperson Schroeder, Alderperson Madden Voting Against: None Minutes recorded and transcribed by Assistant Deputy -Clerk Treasurer Crisp. 145 APPROVED CITY OF MUSKEGO COMMITTEE OF THE WHOLE MINUTES July 25, 2023 5:30 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 5:46 p.m. PLEDGE OF ALLEGIANCE i6Uv C4 of SKEGO 1 Pledge of Allegiance recited prior to Finance Committee Meeting at 5:30 p.m. ROLL CALL Present: Ald. Wolfe, Ald. Hammel, Ald. Terrence, Ald. Kapusta, Ald. Schroeder, Ald. Kubacki, Ald. Madden Also Present: City Attorney Warchol, Public Works and Development Director Kroeger, Recreation Program Manager Dunn, IT Director Loudon, Chief Westphal, and Assistant Deputy -Clerk Treasurer Crisp STATEMENT OF PUBLIC NOTICE Assistant Deputy -Clerk Treasurer Crisp stated that the meeting was noticed in accordance with the open meeting law. APPROVAL OF AGENDA Moved by Ald. Madden; seconded by Ald. Kubacki to Approve. Motion Passed: 7 - 0 Voting For: Ald. Wolfe, Ald. Hammel, Ald. Terrence, Ald. Kapusta, Ald. Schroeder, Ald. Kubacki, Ald. Madden Voting Against: None APPROVAL OF MINUTES Approval of May 9, 2023 Minutes COWM.2023.05.09 Draft.docx Moved by Ald. Madden; seconded by Ald. Hammel to Approve. Motion Passed: 7 - 0 Voting For: Ald. Wolfe, Ald. Hammel, Ald. Terrence, Ald. Kapusta, Ald. Schroeder, Ald. Kubacki, Ald. Madden Voting Against: None NEW BUSINESS Gun Range Repair at Landfill Mr. Kroeger stated we have a gun range on the landfill property. The current contract is good for another four years. The City is in charge of all of the maintenance. The backwall (a berm) is 146 Committee of the Whole Meeting Minutes — July 25, 2023 Page 12 sliding/shearing off and is getting worse. The gun range is used by other local authorities and is used a lot. It needs to be repaired soon. He received two bids, one for $172,000 and the other one for $246,000. They will need to take the fence down and raise the berm 10-15 feet. There is a two -month window where nothing is scheduled for shooting. After a short discussion, it was agreed that we should move ahead with this. Old PD Discussion Mayor Petfalski summarized a memo (provided the Council Members at meeting) detailing options the citizen's committee came up with at their meetings. After reviewing everything from leveling the building, converting it to cold storage, or remodeling it for use by the community and our recreation department, the committee recommended remodeling the building into a community center with the goal of making the spaces as flexible as possible to allow the most amount of use by the community. This would also allow for increasing programing space for additional recreation programs, especially for pre-school aged children and senior citizens. The building as it is costs approximately $75,000 - $100,000 per year to maintain. To demolish the building will cost a minimum of $340,000 and could be up to $500,000. Estimated costs to convert the building to use for cold storage are anywhere from $1,000,000 to $1,250,000. Remodeling the building would include incorporating various meeting rooms, a pre-school classroom, warming kitchen, recreation space, garage storage area, and a flexible use lobby area. They would also open up the east side of the building to allow for use at events at the park. The estimated costs for this would be approximately $5,000,000. After a discussion with questions and answers, the aldermen indicated support for the project, but suggested that information should be included in the City Newsletter and on Social Media to get feedback from the community first. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW None/No action taken. ADJOURNMENT Moved by Ald. Kubacki; seconded by Ald. Schroeder to Adjourn at 6:23 Motion Passed: 7 - 0 Voting For: Ald. Wolfe, Ald. Hammel, Ald. Terrence, Ald. Kapusta, Ald. Schroeder, Ald. Kubacki, Ald. Madden Voting Against: None Minutes taken and transcribed by Assistant Deputy Clerk -Treasurer Crisp. 147 COMMON COUNCIL — CITY OF MUSKEGO ORDINANCE #1493 AN ORDINANCE TO REPEAL AND RE-CREATE CHAPTER 386 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Floodplain Zoning) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 386 of the Municipal Code of the City of Muskego is hereby repealed and re-created per the attached document titled Floodplain Ordinance for the City of Muskego. SECTION 2: It is the intent of the Common Council that the provisions of this Chapter are 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 is 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 19th DAY OF SEPTEMBER 2023. ATTEST: City Clerk Notice of Ordinance Published: CITY OF MUSKEGO Rick Petfalski, Mayor First Reading: September 5, 2023 148 CITY OF MUSKEGO Staff Report to Common Council September 5, 2023 Meeting To: Common Council From: Adam Trzebiatowski, AICP Subject: Repeal and Re-creation of Chapter 386 (Floodplain Zoning) of the Municipal Code Date: September 5, 2023 Background Information: The Wisconsin DNR and FEMA have released new floodplain maps and a new Flood Insurance Study (FIS) documents for portions of our region, including Muskego. As part of this, the City's Floodplain Zoning ordinance needs to be updated to reflect these new maps and FIS. Also, the DNR and FEMA provide communities with code text that the City needs to adopt if they want to be compliant with all State and Federal Floodplain regulations, which allows the City's residents to be allowed to purchase flood insurance. Based on those items, the attached repeal and re-creation of Chapter 386 (Floodplain Zoning) is being brought forward for approval. The proposed code text meets the requirements of the DNR and FEMA. 149 FLOODPLAIN ORDINANCE FOR CITY OF MUSKEGO 150 TABLE OF CONTENTS Article I STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE, TITLE, AND GENERAL PROVISIONS....................................................................................................................4 386-1 STATUTORY AUTHORIZATION.....................................................................................................4 386-2 FINDING OF FACT.............................................................................................................................4 386-3 STATEMENT OF PURPOSE..............................................................................................................4 386-4 TITLE...................................................................................................................................................4 386-5 GENERAL PROVISIONS....................................................................................................................4 A. AREAS TO BE REGULATED...................................................................................................4 B. OFFICIAL MAPS & REVISIONS..............................................................................................4 C. ESTABLISHMENT OF FLOODPLAIN ZONING DISTRICTS................................................5 D. LOCATING FLOODPLAIN BOUNDARIES.............................................................................6 E. REMOVAL OF LANDS FROM FLOODPLAIN ........................................................................6 F. COMPLIANCE............................................................................................................................6 G. MUNICIPALITIES AND STATE AGENCIES REGULATED.................................................7 H. ABROGATION AND GREATER RESTRICTIONS.................................................................7 I. INTERPRETATION.......................................................................................................... 7 J. WARNING AND DISCLAIMER OF LIABILITY........................................................... 7 K. SEVERABILITY................................................................................................................8 L. ANNEXED AREAS FOR CITIES AND VILLAGES....................................................... 8 Article II GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICTS ..................................... 8 386-6 REVIEW OF PERMIT APPLICATIONS AND SUBDIVISION PROPOSALS.................................8 386-7 HYDRAULIC AND HYDROLOGIC ANALYSES.............................................................................8 386-8 WATERCOURSE ALTERATIONS....................................................................................................9 386-9 CHAPTER 30, 31, WIS. STATS., DEVELOPMENT..........................................................................9 386-10 PUBLIC OR PRIVATE CAMPGROUNDS.......................................................................................9 Article III FLOODWAY DISTRICT(FW).................................................................................................................11 386-11 APPLICABILITY.............................................................................................................................11 386-12 PERMITTED USES.........................................................................................................................11 386-13 STANDARDS FOR DEVELOPMENT IN THE FLOODWAY......................................................12 386-14 PROHIBITED USES........................................................................................................................14 Article IV FLOODFRINGE DISTRICT (FF).............................................................................................................14 386-15 APPLICABILITY.............................................................................................................................14 386-16 PERMITTED USES.........................................................................................................................14 386-17 STANDARDS FOR DEVELOPMENT IN THE FLOODFRINGE.................................................14 Article V OTHER FLOODPLAIN DISTRICTS.........................................................................................................17 386-18 GENERAL FLOODPLAIN DISTRICT (GFP)................................................................................17 386-19 FLOOD STORAGE DISTRICT.......................................................................................................18 Article VI NONCONFORMING USES......................................................................................................................19 386-20 GENERAL........................................................................................................................................19 386-21 FLOODWAY DISTRICT.................................................................................................................24 386-22 FLOODFRINGE DISTRICT............................................................................................................25 386-23 FLOOD STORAGE DISTRICTS.....................................................................................................25 151 ArticleVII ADMINISTRATION................................................................................................................................25 386-24 ZONING ADMINISTRATOR.........................................................................................................25 386-25 ZONING AGENCY..........................................................................................................................31 386-26 BOARD OF ADJUSTMENT/APPEALS.........................................................................................31 386-27 TO REVIEW APPEALS OF PERMIT DENIALS...........................................................................34 386-28 FLOODPROOFING STANDARDS.................................................................................................35 386-29 PUBLIC INFORMATION................................................................................................................36 ArticleVIII AMENDMENTS.....................................................................................................................................36 386-30 OBSTRUCTIONS OR INCREASES...............................................................................................36 386-31 GENERAL........................................................................................................................................36 386-32 PROCEDURES.................................................................................................................................36 Article IX ENFORCEMENT AND PENALTIES.......................................................................................................37 386-33 Violation and penalties......................................................................................................................37 ArticleX DEFINITIONS............................................................................................................................................37 386-34 Word Usage......................................................................................................................................37 386-35 Definitions.........................................................................................................................................37 152 Article I STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE, TITL AND GENERAL PROVISIONS 386-1 STATUTORY AUTHORIZATION This ordinance is adopted pursuant to the authorization in s. 61.35 and 62.23, for villages and cities; and the requirements in s. 87.30, Stats. 386-2 FINDING OF FACT Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare, and tax base. 386-3 STATEMENT OF PURPOSE This ordinance is intended to regulate floodplain development to: A. Protect life, health and property; B. Minimize expenditures of public funds for flood control projects; C. Minimize rescue and relief efforts undertaken at the expense of the taxpayers; D. Minimize business interruptions and other economic disruptions; E. Minimize damage to public facilities in the floodplain; F. Minimize the occurrence of future flood blight areas in the floodplain; G. Discourage the victimization of unwary land and homebuyers; H. Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain. 386-4 TITLE This ordinance shall be known as the Floodplain Zoning Ordinance for City of Muskego, Wisconsin. 386-5 GENERAL PROVISIONS A. AREAS TO BE REGULATED This ordinance regulates all areas of special flood hazard identified as zones A, AO, AH, Al-30, or AE on the Flood Insurance Rate Map. Additional areas identified on maps approved by the Department of Natural Resources (DNR) and local community may also be regulated under the provisions of this ordinance, where applicable. B. OFFICIAL MAPS & REVISIONS Special Flood Hazard Areas (SFHA) are designated as zones A, Al-30, AE, AH, or AO on the Flood Insurance Rate Maps (FIRMs) based on flood hazard analyses summarized in the Flood Insurance Study (FIS) listed in subd. (1) below. Additional flood hazard areas subject to regulation under this ordinance are identified on maps based on studies approved by the DNR and listed in subd. (2) below. These maps and revisions are on file in the office of the Public Works & Development Department, City of Muskego. (1) OFFICIAL MAPS: Based on the Flood Insurance Study (FIS): (a) Flood Insurance Rate Map (FIRM), panel numbers 55133C0337G, 55133C0341 G, 55133C0343G, 55133C0458G, and 55133C0478G dated 11 /05/2014; 153 (b) Flood Insurance Rate Map (FIRM), panel numbers 55133C0339H, 55133C0342H,55133C0344H,55133C0361H,55133C0362H,55133C0363H, 55133C0364H,55133C0452H,55133C0454H,55133C0456H,55133C0457H, 55133C0459H,55133C0476H,55133C0477H,and 55133C0479H dated 10/19/2023; (c) Flood Insurance Study (FIS), volume numbers, for 55133CV001 D, 55133CV002D, 55133CV003D, 55133CV004D, and 55133CV005D dated 10/19/2023. Approved by: The DNR and FEMA (2) OFFICIAL MAPS: Based on other studies. Any maps referenced in this section must be approved by the DNR and be more restrictive than those based on the FIS at the site of the proposed development. (a) Blott (Linnie Lac) Dam Failure analysis approved by the Department of Natural Resources on March 27, 2001, including: [1] Map dated March 27, 2001, and titled 'Revised Floodplain Map March 2001'. [2] Floodway data table dated April 26, 1999, and titled 'Table 2- Jewel Creek Floodway Data'. [3] Flood profiles dated April 2, 1999, and titled 'Flood Profiles Jewel Creek'. (b) Muskego Dam Failure analysis approved by the Department of Natural Resources on January 3, 1992, including: [1] Map dated 1/19/2015 and titled 'Exhibit 1-Hydraulic Shadow Map Little Muskego Dam'. [2] Floodway data table dated March 28, 1991, and titled 'Table 1-Little Muskego Dam Failure Analysis Flood Wave Summary'. (c) Flood Storage Map, panel numbers 15 and 16, dated 10/19/2023, approved by the DNR. C. ESTABLISHMENT OF FLOODPLAIN ZONING DISTRICTS The flood hazard areas regulated by this ordinance are divided into districts as follows: (1) The Floodway District (FW), is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters, within AE Zones as shown on the FIRM, or within A Zones shown on the FIRM when determined according to s. 386-18E. (2) The Floodfringe District (FF) is that portion of a riverine special flood hazard area outside the floodway within AE Zones on the FIRM, or, when floodway limits have been determined according to s. 386-18E., within A Zones shown on the FIRM. (3) The General Floodplain District (GFP) is those riverine areas that may be covered by floodwater during the regional flood in which a floodway boundary has not been delineated on the FIRM and also includes shallow flooding areas 154 identified as AH and AO zones on the FIRM. (4) The Flood Storage District (FSD) is that area of the floodplain where storage of floodwaters is calculated to reduce the regional flood discharge. D. LOCATING FLOODPLAIN BOUNDARIES Discrepancies between the exterior boundaries of zones Al-30, AE, AH, or A on the official floodplain zoning map and actual field conditions may be resolved using the criteria in subd (1) or (2) below. If a significant difference exists, the map shall be amended according to Article VIII Amendments. The zoning administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The zoning administrator shall be responsible for documenting actual pre -development field conditions and the basis upon which the district boundary was determined. Disputes between the zoning administrator and an applicant over the district boundary line shall be settled according to s. 386-26C. and the criteria in (1) and (2) below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to s. Article VIII Amendments. (1) If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies. (2) Where flood profiles do not exist for projects, including any boundary of zone A or, AO the location of the boundary shall be determined by the map scale. E. REMOVAL OF LANDS FROM FLOODPLAIN (1) Compliance with the provisions of this ordinance shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to s. Article VIII Amendments. (2) The delineation of any of the Floodplain Districts may be revised by the community where natural or man-made changes have occurred and/or where more detailed studies have been conducted. However, prior to any such change, approval must be obtained from the Wisconsin Department of Natural Resources and Federal Emergency Management Agency. A completed Letter of Map Revision is a record of this approval. The floodplain administrator shall not sign a community acknowledgement form unless all criteria set forth in the following paragraphs are met: (a) The land and/or land around the structure must be filled at least two feet above the regional or base flood elevation; (b) The fill must be contiguous to land outside the floodplain; Applicant shall obtain floodplain development permit before applying for a LOMR or LOMR-F; (3) Removal of lands from the floodplain may also occur by operation of §87.30(1)(e), Wis. Stat. if a property owner has obtained a letter of map amendment from the federal emergency management agency under 44 C.F.R. 70. F. COMPLIANCE (1) No structure or use within areas regulated by this ordinance shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged, or altered without full compliance with the terms of these regulations 155 and all other applicable regulations that apply to uses within the jurisdiction of these regulations. (2) Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Article IX. (3) Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications, or amendments thereto if approved by the Floodplain Administrator. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Article IX. G. MUNICIPALITIES AND STATE AGENCIES REGULATED Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if s. 13.48(13), Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when s. 30.2022, Stats., applies. Although exempt from a local zoning permit and permit fees, DOT must provide sufficient project documentation and analysis to ensure that the community is in compliance with Federal, State, and local floodplain standards. If a local transportation project is located within a Zone A floodplain and is not a WisDOT project under s. 30.2022, then the road project design documents (including appropriate detailed plans and profiles) may be sufficient to meet the requirements for issuance of a local floodplain permit if the following apply: The applicant provides documentation to the Floodplain Administrator that the proposed project is a culvert replacement or bridge replacement under 20' span at the same location, the project is exempt from a DNR permit under s. 30.123(6)(d), the capacity is not decreased, the top road grade is not raised, and no floodway data is available from a federal, state, or other source. If floodway data is available in the impacted area from a federal, state, or other source that existing data must be utilized by the applicant in the analysis of the project site. H. ABROGATION AND GREATER RESTRICTIONS (1) This ordinance supersedes all the provisions of any municipal zoning ordinance enacted under s. 62.23 for cities or s. 87.30, Stats., which relate to floodplains. A more restrictive ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise. (2) This ordinance is not intended to repeal, abrogate, or impair any existing deed restrictions, covenants, or easements. If this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. INTERPRETATION In their interpretation and application, the provisions of this ordinance are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this ordinance, required by ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance. J. WARNING AND DISCLAIMER OF LIABILITY The flood protection standards in this ordinance are based on engineering experience and research. Larger floods may occur, or the flood height may be increased by man-made or natural causes. This ordinance does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. This ordinance does 156 not create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this ordinance. K. SEVERABILITY Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected. L. ANNEXED AREAS FOR CITIES AND VILLAGES The Waukesha County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements of ch. NR 116, Wis. Adm. Code and 44 CFR 59-72, National Flood Insurance Program (NFIP). These annexed lands are described on the municipality's official zoning map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the municipal zoning administrator. All plats or maps of annexation shall show the regional flood elevation and the floodway location. Article II GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICTS 386-6 REVIEW OF PERMIT APPLICATIONS AND SUBDIVISION PROPOSALS The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding and assure that all necessary permits have been received from those governmental agencies whose approval is required by federal or state law. A. If a proposed building site is in a flood -prone area, all new construction and substantial improvements shall: (1) be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) be constructed with flood -resistant materials; (3) be constructed by methods and practices that minimize flood damages; and (4) Mechanical and utility equipment must be elevated to or above the flood protection elevation. B. If a subdivision or other proposed new development is in a flood -prone area, the community shall assure that: (1) such proposed subdivision or other proposed new development is consistent with the need to minimize flood damage within the flood -prone area; (2) public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and (3) adequate drainage is provided to reduce exposure to flood hazards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this ordinance and all other requirements in s. 386-24B. 386-7 HYDRAULIC AND HYDROLOGIC ANALYSES A. No floodplain development shall: 157 (1) Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, causing any increase in the regional flood height; or (2) Cause any increase in the regional flood height due to floodplain storage area lost. B. The zoning administrator shall deny permits if it is determined the proposed development will obstruct flow or cause any increase in the regional flood height, based on the officially adopted FIRM or other adopted map, unless the provisions of Article VIII Amendments are met. 386-8 WATERCOURSE ALTERATIONS No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department and FEMA regional offices, and required the applicant to secure all necessary state and federal permits. The standards of s. 386-7 must be met and the flood carrying capacity of any altered or relocated watercourse shall be maintained. As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to Article VIII Amendments, the community shall apply for a Letter of Map Revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process. 386-9 CHAPTER 30, 31, WIS. STATS., DEVELOPMENT Development which requires a permit from the Department, under chs. 30 and 31, Stats., such as docks, piers, wharves, bridges, culverts, dams, and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodplain zoning ordinance are made according to Article VIII Amendments. 386-10 PUBLIC OR PRIVATE CAMPGROUNDS Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions: A. The campground is approved by the Department of Agriculture, Trade and Consumer Protection; B. A land use permit for the campground is issued by the zoning administrator; C. The character of the river system and the campground elevation are such that a 72-hour warning of an impending flood can be given to all campground occupants; D. There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the floodplain zoning agency or zoning administrator, the municipal emergency government coordinator and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at -risk parties, and the methods and personnel responsible for conducting the evacuation; E. This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated - by the officials identified in sub. D - to remain in compliance with all applicable regulations, including those of the state Department of Agriculture, Trade and Consumer Protection and all other applicable regulations; All mobile recreational vehicles placed on site must meet one of the following: 158 (1) Be fully licensed, if required, and ready for highway use; or (2) Not occupy any site in the campground for more than 180 consecutive days, at which time the recreational vehicle must be removed from the floodplain for a minimum of 24 hours; or (3) Meet the requirements in either Article III, Article IV, or s. 386-18 for the floodplain district in which the structure is located; A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick -disconnect utilities and security devices and has no permanently attached additions. G. All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit consistent with 386-1 OF. and shall ensure compliance with all the provisions of this section; H. The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section; I. The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued; and J. All service facilities, including but not limited to refuse collection, electrical service, gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation; and K. Standards for structures in a campground: (1) All structures must comply with section 386-10 or meet the applicable requirements in Article III, Article IV, or s. 386-18 for the floodplain district in which the structure is located; (2) Deck/landing-a portable landing may be allowed for a camping unit for each entry provided that the landing is not permanently attached to the ground or camping unit, is no more than 200 square feet in size, shall be portable, contain no walls or roof, and can be removed from the campground by a truck and/or trailer. Sections of such portable landings may be placed together to form a single deck not greater than 200 square feet at one entry point. Provisions for the removal of these temporary landings during flood events must be addressed within the written agreement with the municipality compliant with section 386-1 OD. Any such deck/landing structure may be constructed at elevations lower than the flood protection elevation but must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood. (3) Decks/patios that are constructed completely at grade may be allowed but must also comply with applicable shoreland zoning standards. (4) Camping equipment and appurtenant equipment in the campground may be allowed provided that the equipment is not permanently attached to the ground or camping unit, is not used as a habitable structure, and must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood. Provisions for the removal of this equipment during flooding events shall be addressed within the written agreement with the municipality 10 159 compliant with section 386-10D. (5) Once a flood warning in the written agreement has been issued for the campground, the campground owner or the designated operator shall ensure that all persons, camping units, decks, camping equipment and appurtenant equipment in the campground shall be evacuated within the timelines specified within the written agreement with the municipality compliant with section 386- 10D. L. A land use permit shall be obtained as provided under 386-24B. before any development; repair, modification, or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated. Article III FLOODWAY DISTRICT (FW) 386-11 APPLICABILITY This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to s. 386-18E. 386-12 PERMITTED USES The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District, if: • they are not prohibited by any other ordinance; • they meet the standards in s. 386-13 and 386-14; and • all permits or certificates have been issued according to s. 386-24. A. Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture, and wild crop harvesting. B. Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips. C. Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap, and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of s. 386-13D. D. Uses or structures accessory to open space uses or classified as historic structures that comply with s. 386-13 and 386-14. E. Extraction of sand, gravel or other materials that comply with s. 386-13D. F. Functionally water -dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with chs. 30 and 31, Stats. G. Public utilities, streets and bridges that comply with s. 386-13C. H. Portable latrines that are removed prior to flooding and systems associated with recreational areas and Department -approved campgrounds that meet the applicable provisions of local ordinances and Ch. SPS 383, Wis. Adm. Code. I. Public or private wells used to obtain potable water for recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR 812, Wis. Adm. Code. 160 Wastewater treatment ponds or facilities permitted under s. NR 110.15(3)(b), Wis. Adm. Code. K. Sanitary sewer or water supply lines to service existing or proposed development located outside the floodway that complies with the regulations for the floodplain area occupied. 386-13 STANDARDS FOR DEVELOPMENT IN THE FLOODWAY A. GENERAL (1) Any development in the floodway shall comply with s. 386-6 and have a low flood damage potential. (2) Applicants shall provide an analysis calculating the effects of this proposal on the regional flood height to determine the effects of the proposal according to s. 386- 7 and 386-24B.(3). The analysis must be completed by a registered professional engineer in the state of Wisconsin. (3) Any encroachment in the regulatory floodway is prohibited unless the data submitted for subd. 386-13A.(2) above demonstrates that the encroachment will cause no increase in flood elevations in flood events up to the base flood at any location or removes the encroached area from the regulatory floodway as provided in s. 386-5E. B. STRUCTURES Structures accessory to permanent open space uses, including utility and sanitary facilities, or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria: (1) Not designed for human habitation, does not have a high flood damage potential and is constructed to minimize flood damage; (2) Shall either have the lowest floor elevated to or above the flood protection elevation or shall meet all the following standards: (a) Have the lowest floor elevated to or above the regional flood elevation and be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water and completely dry to the flood protection elevation without human intervention during flooding; (b) Have structural components capable of meeting all provisions of Section 386-13B.(7) and; (c) Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Section 386-13B(7). (3) Must be anchored to resist flotation, collapse, and lateral movement; (4) Mechanical and utility equipment must be elevated to or above the flood protection elevation; and (5) Must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood. 12 161 (6) For a structure designed to allow the automatic entry of floodwaters below the Regional Flood Elevation, the applicant shall submit a plan that meets s. 386- 13B.(1) through 386-13B.(5) and meets or exceeds the following standards: (a) The lowest floor must be elevated to or above the regional flood elevation; (b) a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (c) the bottom of all openings shall be no higher than one foot above the lowest adjacent grade; openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters, otherwise must remain open. (d) The use must be limited to parking, building access or limited storage. (7) Certification: Whenever floodproofing measures are required, a registered professional engineer or architect shall certify that the following floodproofing measures will be utilized, where appropriate, and are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regional flood: (a) Reinforcement of floors and walls to resist rupture, collapse, or lateral movement caused by water pressures or debris buildup; (b) Construction of wells, water supply systems and waste treatment systems so as to prevent the entrance of flood waters in such systems and must be in accordance with provisions in Sections 386- 14D. and 386-14E.; (c) Subsurface drainage systems to relieve external pressures on foundation walls and basement floors; (d) Cutoff valves on sewer lines or the elimination of gravity flow basement drains; and (e) Placement of utilities to or above the flood protection elevation. C. PUBLIC UTILITIES, STREETS AND BRIDGES Public utilities, streets and bridges may be allowed by permit, if: (1) Adequate floodproofing measures are provided to the flood protection elevation; and (2) Construction meets the development standards of s. 386-7. D. FILLS OR DEPOSITION OF MATERIALS Fills or deposition of materials may be allowed by permit, if: (1) The requirements of s. 386-7 are met; 13 162 (2) No material is deposited in navigable waters unless a permit is issued by the Department pursuant to ch. 30, Stats., and a permit pursuant to s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable, and all other requirements have been met; (3) The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and (4) The fill is not classified as a solid or hazardous material. 386-14 PROHIBITED USES All uses not listed as permitted uses in s. 386-12 are prohibited, including the following uses: A. Habitable structures, structures with high flood damage potential, or those not associated with permanent open -space uses; B. Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life; C. Uses not in harmony with or detrimental to uses permitted in the adjoining districts; D. Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Department -approved campgrounds that meet the applicable provisions of local ordinances and ch. SPS 383, Wis. Adm. Code; E. Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR 812, Wis. Adm. Code; F. Any solid or hazardous waste disposal sites; G. Any wastewater treatment ponds or facilities, except those permitted under s. NR 110.15(3)(b), Wis. Adm. Code; and H. Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied. Article IV FLOODFRINGE DISTRICT (FF 386-15 APPLICABILITY This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to s. 386-18E. 386-16 PERMITTED USES Any structure, land use, or development is allowed in the Floodfringe District if the standards in s. 386-17 are met, the use is not prohibited by this, or any other ordinance or regulation and all permits or certificates specified in s. 386-24 have been issued. 386-17 STANDARDS FOR DEVELOPMENT IN THE FLOODFRINGE Article II shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of Article VI Nonconforming Uses; A. RESIDENTIAL USES 14 163 Any structure, including a manufactured home, which is to be newly constructed or moved into the floodfringe, shall meet or exceed the following standards. Any existing structure in the floodfringe must meet the requirements of Article VI Nonconforming Uses; (1) All new construction, including placement of manufactured homes, and substantial improvement of residential structures, shall have the lowest floor elevated to or above the flood protection elevation on fill. The fill around the structure shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. No area may be removed from the floodfringe district unless it can be shown to meet s. 386-5E. (2) Notwithstanding s. 386-17A.(1), a basement or crawlspace floor may be placed at the regional flood elevation if the basement or crawlspace is designed to make all portions of the structure below the flood protection elevation watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. No floor of any kind is allowed below the regional flood elevation; (3) Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in subd. (4). (4) In developments where existing street or sewer line elevations make compliance with subd. (3) impractical, the municipality may permit new development and substantial improvements where roads are below the regional flood elevation, if: (a) The municipality has written assurance from police, fire and emergency services that rescue, and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or (b) The municipality has a DNR-approved emergency evacuation plan that follows acceptable hazard mitigation planning guidelines. B. ACCESSORY STRUCTURES OR USES In addition to Article II, new construction and substantial improvements of Accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation. C. COMMERCIAL USES In addition to Article II, any commercial structure which is erected, altered, or moved into the floodfringe shall meet the requirements of s. 386-17A. Subject to the requirements of s. 386- 17E., storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property. D. MANUFACTURING AND INDUSTRIAL USES In addition to Article II, any manufacturing or industrial structure which is erected, altered, or moved into the floodfringe shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in s 386-28. Subject to the requirements of s. 386-17E., storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property. E. STORAGE OF MATERIALS Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish, or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with s. 386-28. Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding. 15 164 PUBLIC UTILITIES, STREETS AND BRIDGES All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans; and (1) When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of such facilities shall only be permitted if they are designed to comply with s. 386- 28. (2) Minor roads or non -essential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation. G. SEWAGE SYSTEMS All sewage disposal systems shall be designed to minimize or eliminate infiltration of flood water into the system, pursuant to s. 386-28C., to the flood protection elevation and meet the provisions of all local ordinances and ch. SIPS 383, Wis. Adm. Code. H. WELLS All wells shall be designed to minimize or eliminate infiltration of flood waters into the system, pursuant to s. 386-28C., to the flood protection elevation and shall meet the provisions of chs. NR 811 and NR 812, Wis. Adm. Code. I. SOLID WASTE DISPOSAL SITES Disposal of solid or hazardous waste is prohibited in floodfringe areas. J. DEPOSITION OF MATERIALS Any deposited material must meet all the provisions of this ordinance. K. MANUFACTURED HOMES (1) Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval, and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities. (2) In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall: (a) have the lowest floor elevated to the flood protection elevation; and (b) be anchored so they do not float, collapse, or move laterally during a flood (3) Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the floodfringe in s. 386-17A. MOBILE RECREATIONAL VEHICLES All mobile recreational vehicles must be on site for less than 180 consecutive days and be either: (1) fully licensed and ready for highway use; or (2) shall meet the elevation and anchoring requirements in s. 386-17K.(2) and (3). OR 165 A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick -disconnect utilities and security devices and has no permanently attached additions. Article V OTHER FLOODPLAIN DISTRICTS 386-18 GENERAL FLOODPLAIN DISTRICT (GFP) A. APPLICABILITY The provisions for the General Floodplain District shall apply to development in all floodplains mapped as A, AO, AH, and in AE zones within which a floodway is not delineated on the Flood Insurance Rate Maps identified in s. 386-5B.(1). B. FLOODWAY BOUNDARIES For proposed development in zone A, or in zone AE within which a floodway is not delineated on the Flood Insurance Rate Map identified in s. 386-5B.(1), the boundaries of the regulatory floodway shall be determined pursuant to s.386-18E. If the development is proposed to encroach upon the regulatory floodway, the development is subject to the standards of Article III. If the development is located entirely within the floodfringe, the development is subject to the standards of Article IV. C. PERMITTED USES Pursuant to s. 386-18E. it shall be determined whether the proposed use is located within the floodway or floodfringe. Those uses permitted in the Floodway (s. 386-12) and Floodfringe (s. 386-16) Districts are allowed within the General Floodplain District, according to the standards of s. 386-18D. provided that all permits or certificates required under s. 386-24 have been issued. D. STANDARDS FOR DEVELOPMENT IN THE GENERAL FLOODPLAIN DISTRICT Article III applies to floodway areas, determined to pursuant to 386-18E.; Article IV applies to floodfringe areas, determined to pursuant to 386-18E. (1) New construction and substantial improvement of structures in zone AO shall have the lowest floor, including basement, elevated: (a) To or above the depth, in feet, as shown on the FIRM above the highest adjacent natural grade; or (b) If the depth is not specified on the FIRM, two (2) feet above the highest adjacent natural grade or higher. (2) New Construction and substantial improvement of structures in zone AH shall have the lowest floor, including basement, elevated to or above the flood protection elevation. (3) In AO/AH zones, provide adequate drainage paths to guide floodwaters around structures. (4) All development in zones AO and zone AH shall meet the requirements of Article IV applicable to flood fringe areas. 17 166 E. DETERMINING FLOODWAY AND FLOODFRINGE LIMITS Upon receiving an application for development within zone A, or within zone AE where a floodway has not been delineated on the Flood Insurance Rate Maps, the zoning administrator shall: (1) Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the general floodplain district limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and flood proofing measures and the flood zone as shown on the FIRM. (2) Require the applicant to furnish any of the following information deemed necessary by the Department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries. (a) A Hydrologic and Hydraulic Study as specified in s. 386-24B.(3). (b) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location, and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information. (c) Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities. 386-19 FLOOD STORAGE DISTRICT The flood storage district delineates that portion of the floodplain where storage of floodwaters has been taken into account and is relied upon to reduce the regional flood discharge. The district protects the flood storage areas and assures that any development in the storage areas will not decrease the effective flood storage capacity which would cause higher flood elevations. A. APPLICABILITY The provisions of this section apply to all areas within the Flood Storage District (FSD), as shown on the official floodplain zoning maps. B. PERMITTED USES Any use or development which occurs in a flood storage district must meet the applicable requirements in s. 386-17. C. STANDARDS FOR DEVELOPMENT IN FLOOD STORAGE DISTRICTS (1) Development in a flood storage district shall not cause an increase equal or greater than 0.00 of a foot in the height of the regional flood. (2) No development shall be allowed which removes flood storage volume unless an equal volume of storage as defined by the pre -development ground surface and the regional flood elevation shall be provided in the immediate area of the proposed development to compensate for the volume of storage, which is lost, (compensatory storage). Excavation below the groundwater table is not considered to provide an equal volume of storage. (3) If compensatory storage cannot be provided, the area may not be developed unless the entire area zoned as flood storage district — on this waterway — is 18 167 rezoned to the floodfringe district. This must include a revision to the floodplain study and map done for the waterway to revert to the higher regional flood discharge calculated without floodplain storage, as per Article VIII Amendments of this ordinance. (4) No area may be removed from the flood storage district unless it can be shown that the area has been filled to the flood protection elevation and is contiguous to other lands lying outside of the floodplain. Article VI NONCONFORMING USES 386-20 GENERAL A. Applicability (1) The standards in this section shall apply to all uses and buildings that do not conform to the provisions contained within a floodplain zoning ordinance or with s. 87.30, Stats. and §§ NR 116.12-14, Wis. Adm. Code and 44 CFR 59-72., these standards shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this ordinance or any amendment thereto. A party asserting existence of a lawfully established nonconforming use or structure has the burden of proving that the use or structure was compliant with the floodplain zoning ordinance in effect at the time the use or structure was created. (2) As permit applications are received for additions, modifications, or substantial improvements to nonconforming buildings in the floodplain, municipalities shall develop a list of those nonconforming buildings, their present equalized assessed value, and a list of the costs of those activities associated with changes to those buildings. B. The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this ordinance may continue subject to the following conditions: (1) No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this ordinance. The words "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Maintenance is not considered a modification; this includes painting, decorating, paneling and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered maintenance. The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification, or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure. (2) If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this ordinance; (3) The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all 19 168 modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent; (4) No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s. 386-17A. The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this paragraph; (5) No maintenance on a per event basis to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s. 386-17A. Maintenance to any nonconforming structure, which does not exceed 50% of its present equalized assessed value on a per event basis, does not count against the cumulative calculations over the life of the structure for substantial improvement calculations. (6) If on a per event basis the total value of the work being done under (4) and (5) equals or exceeds 50% of the present equalized assessed value, the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s. 386-17A. (7) Except as provided in subd. (8), if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed, or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre -damaged condition equals or exceeds 50% of the structure's present equalized assessed value. (8) For nonconforming buildings that are substantially damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building shall be permitted in order to restore it to the size and use in effect prior to the damage event, provided that the following minimum requirements are met, and all required permits have been granted prior to the start of construction: (a) Residential Structures [1] Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts, or perimeter walls. Perimeter walls must meet the requirements of s. 386-28B. [2] Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, and shall be constructed with methods and materials resistant to flood damage. 20 169 [3] Shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding. [4] In A Zones, obtain, review, and utilize any flood data available from a federal, state or other source. [5] In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in s. 386-18D. [6] In AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure. (b) Nonresidential Structures [1] Shall meet the requirements of s. 386-20B.(8)(a)[1]-[6]. [2] Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in s. 386-28 A. or B. [3] In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in s. 386-18D. C. A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as a historic structure, the alteration will comply with s. 386- 13A., flood resistant materials are used, and construction practices and floodproofing methods that comply with s. 386-28 are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of s. 386-20B.(8)(a) if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure. D. Notwithstanding anything in this chapter to the contrary, modifications, additions, maintenance, and repairs to a nonconforming building shall not be prohibited based on cost and the building's nonconforming use shall be permitted to continue if: (1) Any living quarters in the nonconforming building are elevated to be at or above the flood protection elevation; (2) The lowest floor of the nonconforming building, including the basement, is elevated to or above the regional flood elevation; (3) The nonconforming building is permanently changed to conform to the applicable requirements of Article II; (4) If the nonconforming building is in the floodway, the building is permanently changed to conform to the applicable requirements of 386-13A., 386-13B.(2) through (5), 386-13C., 386-13D., and 386-21. Any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure's 3-D building envelope must determine the 21 170 floodway in accordance with section 386-18E. If the encroachment is in the floodway, it must meet the standards in section 386-13D.; (5) If the nonconforming building is in the floodfringe, the building is permanently changed to conform to the applicable requirements of 386-17 and 386-22; (6) Repair or reconstruction of nonconforming structures and substantial improvements of residential buildings in zones Al-30, AE, and AH must have the lowest floor (including basement) elevated to or above the base flood elevation; (7) Repair or reconstruction of nonconforming structures and substantial improvements of non-residential buildings in zones Al-30, AE, and AH must have the lowest floor (including basement) elevated to or above the base flood elevation, or (together with attendant utility and sanitary facilities) be designed so that below the base flood elevation the building is watertight with walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy: (a) Where a non-residential structure is intended to be made watertight below the base flood elevation, a registered professional engineer or architect must develop and/or review structural design, specifications, and plans for the construction, and must certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of s. 386- 20D.(7) above. (b) The community must maintain a record of such certification including the specific elevation to which each such structure is floodproofed; (8) Fully enclosed areas below the lowest floor of repair or reconstruction of nonconforming structures and substantial improvements in zones Al-30, AE, and AH that are usable solely for parking of vehicles, building access, or storage, must be designed to adequately equalize hydrostatic forces on exterior walls by allowing for the entry and exit of floodwaters. Subsequent improvements to repaired or reconstructed nonconforming structures must not increase the degree of their nonconformity. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet the following criteria: (a) A minimum of two openings into each enclosed area must be located below the base flood elevation and provide a total net area of not less than one square inch for every square foot of enclosed area. (b) The bottom of all openings must be no higher than one foot above the adjacent grade. (c) Openings may be equipped with screens, louvers, valves, or other coverings if they permit the automatic entry and exit of floodwaters; (9) Manufactured homes that are placed or substantially improved within zones A1- 30, AE, and AH outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of flood, must be elevated on a permanent foundation such 22 171 that the lowest floor of the manufactured home is at or above the base flood elevation, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement; (10) Manufactured homes that are placed or substantially improved within zones Al- 30, AE, and AH on existing sites in an existing manufactured home park that is not undergoing expansion and on which a manufactured home has not incurred substantial damage as a result of flood must be elevated so that either the lowest floor of the manufactured home is at or above the base flood elevation, or the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement; (11) Recreational vehicles placed on sites within zones A11-30, AH, and AE must either: (a) Be on site for fewer than 180 consecutive days; or (b) Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or (c) Meet the elevation and anchoring requirements for manufactured homes in s. 386-20D.(9)above; (12) In a regulatory floodway that has been delineated on the FIRM in zone Al-30 or AE, encroachments, including repair or reconstruction of nonconforming structures, substantial improvement, or other development (including fill) must be prohibited unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity; (13) In zone A, the community must obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring repair or reconstruction of nonconforming structures, substantial improvement, and other development to meet ss. 386-20D.(6) through (9) (inclusive) above. Any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure's 3-D building envelope must determine the floodway in accordance with section 386-18E. If the encroachment is in the floodway, it must meet the standards in section 386-13D.). Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity; (14) In zones Al-30 or AE where a regulatory floodway has not been delineated on the FIRM, repair or reconstruction of nonconforming structures, substantial improvement, or any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure's 3-D building envelope must determine the floodway in accordance with section 386-18E. If the encroachment is in the floodway, it must meet the standards in section 386-13D. Subsequent improvements to repair or 23 172 reconstructed nonconforming structures must not increase the degree of their nonconformity; (15) In zone AO, repair or reconstruction of nonconforming structures and substantial improvements of residential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet if no depth number is specified). Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity; or (16) In zone AO, repair or reconstruction of nonconforming structures and substantial improvements of nonresidential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet if no depth number is specified), or (together with attendant utility and sanitary facilities) be structurally dry-floodproofed to that level according to the standard specified in s. 386-20D.(7) above. Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity. 386-21 FLOODWAY DISTRICT A. No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the Floodway District, unless such modification or addition: (1) Has been granted a permit or variance which meets all ordinance requirements; (2) Meets the requirements of s. 386-20; (3) Shall not increase the obstruction to flood flows or regional flood height; (4) Any addition to the existing structure shall be floodproofed, pursuant to s. 386-28, by means other than the use of fill, to the flood protection elevation; and, (5) If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply: (a) The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade; (b) The parts of the foundation located below the flood protection elevation must be constructed of flood -resistant materials; (c) Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and (d) The use must be limited to parking, building access or limited storage. B. No new on -site sewage disposal system, or addition to an existing on -site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing on -site sewage disposal system in a floodway area shall meet the 24 173 applicable requirements of all municipal ordinances, s. 386-28C. and Ch. SPS 383, Wis. Adm. Code. C. No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District. Any replacement, repair, or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all municipal ordinances, s. 386- 28C. and chs. NR 811 and NR 812, Wis. Adm. Code. 386-22 FLOODFRINGE DISTRICT A. No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality and meets the requirements of s. 386-17 except where s. 386- 22B. is applicable. B. Where compliance with the provisions of subd. (A.) would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Adjustment/Appeals, using the procedures established in s. 386-26, may grant a variance from those provisions of subd. (A.) for modifications or additions using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if: (1) No floor is allowed below the regional flood elevation for residential or commercial structures; (2) Human lives are not endangered; (3) Public facilities, such as water or sewer, shall not be installed; (4) Flood depths shall not exceed two feet; (5) Flood velocities shall not exceed two feet per second; and (6) The structure shall not be used for storage of materials as described in s. 386- 17E. C. All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances, s. 386-28C. and ch. SPS 383, Wis. Adm. Code. D. All new wells, or addition to, replacement, repair, or maintenance of a well shall meet the applicable provisions of this ordinance, s. 386-28C. and ch. NR 811 and NR 812, Wis. Adm. Code. 386-23 FLOOD STORAGE DISTRICTS No modifications or additions shall be allowed to any nonconforming structure in a flood storage area unless the standards outlined in 386-19C. are met. Article VII ADMINISTRATION Where a zoning administrator, planning agency or a board of appeals has already been appointed to administer a zoning ordinance adopted under ss. 59.69, 59.692 or 62.23(7), Stats., these officials shall also administer this ordinance. 386-24 ZONING ADMINISTRATOR A. DUTIES AND POWERS The zoning administrator is authorized to administer this ordinance and shall have the following duties and powers: 25 174 (1) Advise applicants of the ordinance provisions, assist in preparing permit applications and appeals, and assure that the regional flood elevation for the proposed development is shown on all permit applications. (2) Issue permits and inspect properties for compliance with provisions of this ordinance and issue certificates of compliance where appropriate (3) Inspect and assess all damaged floodplain structures to determine if substantial damage to the structures has occurred. (4) Keep records of all official actions such as: (a) All permits issued, inspections made, and work approved; (b) Documentation of certified lowest floor and regional flood elevations; (c) Floodproofing certificates. (d) Water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments. (e) All substantial damage assessment reports for floodplain structures. (f) List of nonconforming structures and uses. (5) Submit copies of the following items to the Department Regional office: (a) Within 10 days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments; (b) Copies of case -by -case analyses and other required information. (c) Copies of substantial damage assessments performed and all related correspondence concerning the assessments. (6) Investigate, prepare reports, and report violations of this ordinance to the municipal zoning agency and attorney for prosecution. Copies of the reports shall also be sent to the Department Regional office. (7) Submit copies of amendments to the FEMA Regional office. B. LAND USE PERMIT A land use permit shall be obtained before any development; repair, modification, or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated. Application to the zoning administrator shall include: (1) GENERAL INFORMATION (a) Name and address of the applicant, property owner and contractor; (b) Legal description, proposed use, and whether it is new construction or a modification; (2) SITE DEVELOPMENT PLAN 26 175 A site plan drawn to scale shall be submitted with the permit application form and shall contain: (a) Location, dimensions, area and elevation of the lot; (b) Location of the ordinary highwater mark of any abutting navigable waterways; (c) Location of any structures with distances measured from the lot lines and street center lines; (d) Location of any existing or proposed on -site sewage systems or private water supply systems; (e) Location and elevation of existing or future access roads; (f) Location of floodplain and floodway limits as determined from the official floodplain zoning maps; (g) The elevation of the lowest floor of proposed buildings and any fill using the vertical datum from the adopted study — either National Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD); (h) Data sufficient to determine the regional flood elevation in NGVD or NAVD at the location of the development and to determine whether or not the requirements of Article III or Article IV are met; and (i) Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to s. 386-7. This may include any of the information noted in s. 386-13A. (3) HYDRAULIC AND HYDROLOGIC STUDIES TO ANALYZE DEVELOPMENT All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer registered in the State. The study contractor shall be responsible for the technical adequacy of the study. All studies shall be reviewed and approved by the Department. (a) Zone A floodplains and in AE zones within which a floodway is not delineated: [1] Hydrology [a] The appropriate method shall be based on the standards in ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge. [2] Hydraulic modeling The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following: [a] determination of the required limits of the hydraulic model shall be based on detailed study information for 27 176 downstream structures (dam, bridge, culvert) to determine adequate starting WSEL for the study. [b] channel sections must be surveyed. [c] minimum four -foot contour data in the overbanks shall be used for the development of cross section overbank and floodplain mapping. [d] a maximum distance of 500 feet between cross sections is allowed in developed areas with additional intermediate cross sections required at transitions in channel bottom slope including a survey of the channel at each location. [e] the most current version of HEC-RAS shall be used. [f] a survey of bridge and culvert openings and the top of road is required at each structure. [g] additional cross sections are required at the downstream and upstream limits of the proposed development and any necessary intermediate locations based on the length of the reach if greater than 500 feet. [h] standard accepted engineering practices shall be used when assigning parameters for the base model such as flow, Manning's N values, expansion and contraction coefficients or effective flow limits. The base model shall be calibrated to past flooding data such as high-water marks to determine the reasonableness of the model results. If no historical data is available, adequate justification shall be provided for any parameters outside standard accepted engineering practices. [i] the model must extend past the upstream limit of the difference in the existing and proposed flood profiles in order to provide a tie-in to existing studies. The height difference between the proposed flood profile and the existing study profiles shall be no more than 0.00 feet. [3] Mapping A work map of the reach studied shall be provided, showing all cross-section locations, floodway/floodplain limits based on best available topographic data, geographic limits of the proposed development and whether the proposed development is located in the floodway. [a] If the proposed development is located outside of the floodway, then it is determined to have no impact on the regional flood elevation. [b] If any part of the proposed development is in the floodway, it must be added to the base model to show the difference between existing and proposed conditions. The study must ensure that all coefficients remain the same as in the 28 177 existing model, unless adequate justification based on standard accepted engineering practices is provided. (b) Zone AE Floodplains [1] Hydrology If the proposed hydrology will change the existing study, the appropriate method to be used shall be based on ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge. [2] Hydraulic model The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following: [a] Duplicate Effective Model The effective model shall be reproduced to ensure correct transference of the model data and to allow integration of the revised data to provide a continuous FIS model upstream and downstream of the revised reach. If data from the effective model is available, models shall be generated that duplicate the FIS profiles and the elevations shown in the Floodway Data Table in the FIS report to within 0.1 foot. [b] Corrected Effective Model. The Corrected Effective Model shall not include any man- made physical changes since the effective model date but shall import the model into the most current version of HEC-RAS for Department review. [c] Existing (Pre -Project Conditions) Model. The Existing Model shall be required to support conclusions about the actual impacts of the project associated with the Revised (Post -Project) Model or to establish more up-to-date models on which to base the Revised (Post -Project) Model. [d] Revised (Post -Project Conditions) Model. The Revised (Post -Project Conditions) Model shall incorporate the Existing Model and any proposed changes to the topography caused by the proposed development. This model shall reflect proposed conditions. [e] All changes to the Duplicate Effective Model and subsequent models must be supported by certified topographic information, bridge plans, construction plans and survey notes. [f] Changes to the hydraulic models shall be limited to the stream reach for which the revision is being requested. Cross sections upstream and downstream of the revised reach shall be identical to those in the effective model and result in water surface elevations and top widths computed by the revised models matching those in the effective 29 178 models upstream and downstream of the revised reach as required. The Effective Model shall not be truncated. [3] Mapping Maps and associated engineering data shall be submitted to the Department for review which meet the following conditions: [a] Consistency between the revised hydraulic models, the revised floodplain and floodway delineations, the revised flood profiles, topographic work map, annotated FIRMs and/or Flood Boundary Floodway Maps (FBFMs), construction plans, bridge plans. [b] Certified topographic map of suitable scale, contour interval, and a planimetric map showing the applicable items. If a digital version of the map is available, it may be submitted in order that the FIRM may be more easily revised. [c] Annotated FIRM panel showing the revised 1% and 0.2% annual chance floodplains and floodway boundaries. [d] If an annotated FIRM and/or FBFM and digital mapping data (GIS or CADD) are used, then all supporting documentation or metadata must be included with the data submission along with the Universal Transverse Mercator (UTM) projection and State Plane Coordinate System in accordance with FEMA mapping specifications. [e] The revised floodplain boundaries shall tie into the effective floodplain boundaries. [f] All cross sections from the effective model shall be labeled in accordance with the effective map and a cross section lookup table shall be included to relate to the model input numbering scheme. [g] Both the current and proposed floodways shall be shown on the map. [h] The stream centerline, or profile baseline used to measure stream distances in the model shall be visible on the map. (4) EXPIRATION All permits issued under the authority of this ordinance shall expire no more than 180 days after issuance. The permit may be extended for a maximum of 180 days for good and sufficient cause. If the permitted work has not started within 180 days of the permit date, the development must comply with any regulation, including any revision to the FIRM or FIS, that took effect after the permit date. C. CERTIFICATE OF COMPLIANCE No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, repaired, rebuilt, or replaced shall be occupied until a certificate of compliance is issued by the zoning administrator, except where no permit is required, subject to the following provisions: 30 179 (1) The certificate of compliance shall show that the building or premises or part thereof, and the proposed use, conform to the provisions of this ordinance; (2) Application for such certificate shall be concurrent with the application for a permit; (3) If all ordinance provisions are met, the certificate of compliance shall be issued within 10 days after written notification that the permitted work is completed; (4) The applicant shall submit a certification signed by a registered professional engineer, architect, or land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that the requirements of s. 386-28 are met. (5) Where applicable pursuant to s. 386-18D., the applicant must submit a certification by a registered professional engineer or surveyor of the elevation of the bottom of the lowest horizontal structural member supporting the lowest floor (excluding pilings or columns), and an indication of whether the structure contains a basement. (6) Where applicable pursuant to s. 386-18D., the applicant must submit certifications by a registered professional engineer or architect that the structural design and methods of construction meet accepted standards of practice as required by s. 386-18D. D. OTHER PERMITS Prior to obtaining a floodplain development permit the applicant must secure all necessary permits from federal, state, and local agencies, including but not limited to those required by the U.S. Army Corps of Engineers under s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344. 386-25 ZONING AGENCY A. The City of Muskego Plan Commission shall: (1) oversee the functions of the office of the zoning administrator; and (2) review and advise the governing body on all proposed amendments to this ordinance, maps, and text. (3) publish adequate notice pursuant to Ch. 985, Stats., specifying the date, time, place, and subject of the public hearing. B. The City of Muskego Plan Commission shall not: (1) grant variances to the terms of the ordinance in place of action by the Board of AdjustmenVAppeals; or (2) amend the text or zoning maps in place of official action by the governing body. 386-26 BOARD OF ADJUSTMENT/APPEALS The Board of Appeals, created under s. 62.23(7)(e), Stats., for cities or villages, is hereby authorized or shall be appointed to act for the purposes of this ordinance. The Board shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business. The zoning administrator shall not be the secretary of the Board. 31 180 A. POWERS AND DUTIES The Board of Appeals shall: (1) Appeals - Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this ordinance; (2) Boundary Disputes - Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map; and (3) Variances - Hear and decide, upon appeal, variances from the ordinance standards. B. APPEALS TO THE BOARD (1) Appeals to the board may be taken by any person aggrieved, or by any officer or department of the municipality affected by any decision of the zoning administrator or other administrative officer. Such appeal shall be taken within 30 days unless otherwise provided by the rules of the board, by filing with the official whose decision is in question, and with the board, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the board all records regarding the matter appealed. (2) NOTICE AND HEARING FOR APPEALS INCLUDING VARIANCES (a) Notice - The board shall: [1] Fix a reasonable time for the hearing; [2] Publish adequate notice pursuant to Wisconsin Statutes, specifying the date, time, place, and subject of the hearing; and [3] Assure that notice shall be mailed to the parties in interest and the Department Regional office at least 10 days in advance of the hearing. (b) Hearing - Any party may appear in person or by agent. The board shall: [1] Resolve boundary disputes according to s. 386-26C.; [2] Decide variance applications according to s. 386-26D.; and [3] Decide appeals of permit denials according to s. 386-27. (3) DECISION: The final decision regarding the appeal or variance application shall: (a) Be made within a reasonable time; (b) Be sent to the Department Regional office within 10 days of the decision; (c) Be a written determination signed by the chairman or secretary of the Board; (d) State the specific facts which are the basis for the Board's decision; (e) Either affirm, reverse, vary or modify the order, requirement, decision, or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application; and 32 181 (f) Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board proceedings. C. BOUNDARY DISPUTES The following procedure shall be used by the Board in hearing disputes concerning floodplain district boundaries: (1) If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary. (2) The person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board; and (3) If the boundary is incorrectly mapped, the Board should inform the zoning committee or the person contesting the boundary location to petition the governing body for a map amendment according to Article VIII Amendments. D. VARIANCE (1) The Board may, upon appeal, grant a variance from the standards of this ordinance if an applicant convincingly demonstrates that: (a) Literal enforcement of the ordinance will cause unnecessary hardship; (b) The hardship is due to adoption of the floodplain ordinance and unique property conditions, not common to adjacent lots or premises. In such case the ordinance or map must be amended; (c) The variance is not contrary to the public interest; and (d) The variance is consistent with the purpose of this ordinance in s. 386-3. (2) In addition to the criteria in subd. (1), to qualify for a variance under FEMA regulations, the Board must find that the following criteria have been met: (a) The variance shall not cause any increase in the regional flood elevation; (b) The applicant has shown good and sufficient cause for issuance of the variance; (c) Failure to grant the variance would result in exceptional hardship; (d) Granting the variance will not result in additional threats to public safety, extraordinary expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; (e) The variance granted is the minimum necessary, considering the flood hazard, to afford relief. (3) A variance shall not: 33 182 (a) Grant, extend or increase any use prohibited in the zoning district; (b) Be granted for a hardship based solely on an economic gain or loss; (c) Be granted for a hardship which is self-created. (d) Damage the rights or property values of other persons in the area; (e) Allow actions without the amendments to this ordinance or map(s) required in Article VIII Amendments; and (f) Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure. (4) When a floodplain variance is granted, the Board shall notify the applicant in writing that it may increase risks to life and property and flood insurance premiums could increase up to $25.00 per $100.00 of coverage. A copy shall be maintained with the variance record. 386-27 TO REVIEW APPEALS OF PERMIT DENIALS A. The Zoning Agency (s. 386-25) or Board shall review all data related to the appeal. This may include: (1) Permit application data listed in s. 386-24B.; (2) Floodway/floodfringe determination data in s. 386-18E.; (3) Data listed in s. 386-13A.(2) where the applicant has not submitted this information to the zoning administrator; and (4) Other data submitted with the application or submitted to the Board with the appeal. B. For appeals of all denied permits the Board shall: (1) Follow the procedures of s. 386-26; (2) Consider zoning agency recommendations; and (3) Either uphold the denial or grant the appeal. C. For appeals concerning increases in regional flood elevation the Board shall: (1) Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of Article VIII Amendments; and (2) Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase provided no other reasons for denial exist. 34 183 386-28 FLOODPROOFING STANDARDS A. No permit or variance shall be issued for a non-residential structure designed to be watertight below the regional flood elevation until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to or above the flood protection elevation and submits a FEMA Floodproofing Certificate. Floodproofing is not an alternative to the development standards in Article II, Article III, Article IV or s. 386-18-. B. For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either: (1) certified by a registered professional engineer or architect; or (2) meeting or exceeding the following standards: (a) a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (b) the bottom of all openings shall be no higher than one foot above grade; and (c) openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. C. Floodproofing measures shall be designed, as appropriate, to: (1) Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors; (2) Protect structures to the flood protection elevation; (3) Anchor structures to foundations to resist flotation and lateral movement; (4) Minimize or eliminate infiltration of flood waters; (5) Minimize or eliminate discharges into flood waters; (6) Placement of essential utilities to or above the flood protection elevation; and (7) If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply: (a) The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade; (b) The parts of the foundation located below the flood protection elevation must be constructed of flood -resistant materials; (c) Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and (d) The use must be limited to parking, building access or limited storage. 35 184 386-29 PUBLIC INFORMATION A. Place marks on structures to show the depth of inundation during the regional flood. B. All maps, engineering data and regulations shall be available and widely distributed. C. Real estate transfers should show what floodplain district any real property is in. Article VIII AMENDMENTS 386-30 OBSTRUCTIONS OR INCREASES Obstructions or increases may only be permitted if amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with s. 386-31. A. In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with s. 386-31. Any such alterations must be reviewed and approved by FEMA and the DNR. B. In A Zones increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain maps, floodway lines, and water surface profiles, in accordance with s. 386-31. 386-31 GENERAL The governing body shall change or supplement the floodplain zoning district boundaries and this ordinance in the manner outlined in s. 386-32 below. Actions which require an amendment to the ordinance and/or submittal of a Letter of Map Change (LOMC) include, but are not limited to, the following: A. Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height; B. Any change to the floodplain boundaries and/or watercourse alterations on the FIRM; C. Any changes to any other officially adopted floodplain maps listed in s. 386-5B.(2); D. Any floodplain fill which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain; E. Correction of discrepancies between the water surface profiles and floodplain maps; F. Any upgrade to a floodplain zoning ordinance text required by s. NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by the municipality; and G. All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA. 386-32 PROCEDURES Ordinance amendments may be made upon petition of any party according to the provisions of s. 62.23, Stats., for cities and villages. The petitions shall include all data required by s. 386-18E. and 386-24B. The Land Use Permit shall not be issued until a Letter of Map Revision is issued by FEMA for the proposed changes. 36 185 A. The proposed amendment shall be referred to the zoning agency for a public hearing and recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the Department Regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of s. 62.23, Stats., for cities and villages. B. No amendments shall become effective until reviewed and approved by the Department. C. All persons petitioning for a map amendment that obstructs flow causing any increase in the regional flood height, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body. Article IX ENFORCEMENT AND PENALTIES 386-33 Violation and penalties Any violation of the provisions of this ordinance by any person shall be unlawful and shall be referred to the municipal attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the municipality a penalty of not more than $50.00 (fifty dollars), together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this ordinance is a public nuisance, and the creation may be enjoined, and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to s. 87.30, Stats Article X DEFINITIONS 386-34 Word Usage Unless specifically defined, words and phrases in this ordinance shall have their common law meaning and shall be applied in accordance with their common usage. Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular. The word "may" is permissive, "shall" is mandatory and is not discretionary. 386-35 Definitions 1. A ZONES —Those areas shown on the Official Floodplain Zoning Map which would be inundated by the regional flood. These areas may be numbered or unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area. 2. AH ZONE — See "AREA OF SHALLOW FLOODING". 3. AO ZONE — See "AREA OF SHALLOW FLOODING". 4. ACCESSORY STRUCTURE OR USE — A facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building. An accessory structure shall not be used for human habitation. 5. ALTERATION — An enhancement, upgrade or substantial change or modification other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a structure. 6. AREA OF SHALLOW FLOODING —A designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flood may be evident. Such flooding is 37 186 characterized by ponding or sheet flow. 7. BASE FLOOD — Means the flood having a one percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM. 8. BASEMENT — Any enclosed area of a building having its floor sub -grade on all sides. 9. BREAKAWAY WALL — A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. 10. BUILDING — See STRUCTURE. 11. BULKHEAD LINE — A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department pursuant to s. 30.11, Stats., and which allows limited filling between this bulkhead line and the original ordinary highwater mark, except where such filling is prohibited by the floodway provisions of this ordinance. 12. CAMPGROUND — Any parcel of land which is designed, maintained, intended, or used for the purpose of providing sites for nonpermanent overnight use by 4 or more camping units, or which is advertised or represented as a camping area. 13. CAMPING UNIT — Any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pick-up truck, or tent that is fully licensed, if required, and ready for highway use. 14. CERTIFICATE OF COMPLIANCE — A certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this ordinance. 15. CHANNEL — A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water. 16. CRAWLWAYS or CRAWL SPACE — An enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities. 17. DECK — An unenclosed exterior structure that has no roof or sides and has a permeable floor which allows the infiltration of precipitation. 18. DEPARTMENT — The Wisconsin Department of Natural Resources. 19. DEVELOPMENT — Any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities. 20. DRYLAND ACCESS — A vehicular access route which is above the regional flood elevation, and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles. 21. ENCROACHMENT — Any fill, structure, equipment, use or development in the floodway. 38 187 22. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) — The federal agency that administers the National Flood Insurance Program. 23. FLOOD INSURANCE RATE MAP (FIRM) — A map of a community on which the Federal Insurance Administration has delineated both the floodplain and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency. 24. FLOOD or FLOODING — A general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions: • The overflow or rise of inland waters; • The rapid accumulation or runoff of surface waters from any source; • The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior; or • The sudden increase caused by an unusually high-water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event. 25. FLOOD FREQUENCY — The probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average once in a specified number of years or as a percent (%) chance of occurring in any given year. 26. FLOODFRINGE — That portion of the floodplain outside of the floodway which is covered by flood waters during the regional flood and associated with standing water rather than flowing water. 27. FLOOD HAZARD BOUNDARY MAP — A map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A -Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a Flood Insurance Study and a Flood Insurance Rate Map. 28. FLOOD INSURANCE STUDY —A technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A -Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance Study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program. 29. FLOODPLAIN — Land which has been or may be covered by flood water during the regional flood. It includes the floodway and the floodfringe and may include other designated floodplain areas for regulatory purposes. 30. FLOODPLAIN ISLAND — A natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood. 31. FLOODPLAIN MANAGEMENT — Policy and procedures to ensure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations. 32. FLOOD PROFILE — A graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river. 33. FLOODPROOFING — Any combination of structural provisions, changes or adjustments to 39 188 properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage. 34. FLOOD PROTECTION ELEVATION — An elevation of two feet of freeboard above the Regional Flood Elevation. (Also see: FREEBOARD.) 35. FLOOD STORAGE — Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge. 36. FLOODWAY — The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge. 37. FREEBOARD — A safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed. 38. HABITABLE STRUCTURE — Any structure or portion thereof used or designed for human habitation. 39. HEARING NOTICE — Publication or posting meeting the requirements of Ch. 985, Stats. For appeals, a Class 1 notice, published once at least one week (7 days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (7 days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums. 40. HIGH FLOOD DAMAGE POTENTIAL — Damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents. 41. HIGHEST ADJACENT GRADE — The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. 42. HISTORIC STRUCTURE — Any structure that is either: • Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; • Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; • Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or • Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs. 43. INCREASE IN REGIONAL FLOOD HEIGHT —A calculated upward rise in the regional flood elevation greater than 0.00 foot, based on a comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge. 44. LAND USE — Any nonstructural use made of unimproved or improved real estate. (Also see DEVELOPMENT.) 40 189 45. LOWEST ADJACENT GRADE — Elevation of the lowest ground surface that touches any of the exterior walls of a building. 46. LOWEST FLOOR — The lowest floor of the lowest enclosed area (including basement). 47. MAINTENANCE — The act or process of ordinary upkeep and repairs, including redecorating, refinishing, nonstructural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems, or structures. 48. MANUFACTURED HOME — A structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. The term "manufactured home" includes a mobile home but does not include a "mobile recreational vehicle." 49. MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION — A parcel (or contiguous parcels) of land, divided into two or more manufactured home lots for rent or sale. 50. MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING — A parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of this ordinance. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads. 51. MOBILE/MANUFACTURED HOME PARK, EXPANSION TO EXISTING —The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading, or the pouring if concrete pads. 52. MOBILE RECREATIONAL VEHICLE — A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled, carried or permanently towable by a licensed, light -duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of "mobile recreational vehicles." 53. MODEL, CORRECTED EFFECTIVE — A hydraulic engineering model that corrects any errors that occur in the Duplicate Effective Model, adds any additional cross sections to the Duplicate Effective Model, or incorporates more detailed topographic information than that used in the current effective model. 54. MODEL, DUPLICATE EFFECTIVE — A copy of the hydraulic analysis used in the effective FIS and referred to as the effective model. 55. MODEL, EFFECTIVE — The hydraulic engineering model that was used to produce the current effective Flood Insurance Study. 56. MODEL, EXISTING (PRE -PROJECT) —A modification of the Duplicate Effective Model or Corrected Effective Model to reflect any man-made modifications that have occurred within the floodplain since the date of the effective model but prior to the construction of the project for which the revision is being requested. If no modification has occurred since the date of the effective model, then this model would be identical to the Corrected Effective Model or Duplicate Effective Model. 57. MODEL, REVISED (POST -PROJECT) —A modification of the Existing or Pre -Project Conditions 41 190 Model, Duplicate Effective Model or Corrected Effective Model to reflect revised or post -project conditions. 58. MUNICIPALITY or MUNICIPAL — The county, city or village governmental units enacting, administering, and enforcing this zoning ordinance. 59. NAVD or NORTH AMERICAN VERTICAL DATUM — Elevations referenced to mean sea level datum, 1988 adjustment. 60. NGVD or NATIONAL GEODETIC VERTICAL DATUM — Elevations referenced to mean sea level datum, 1929 adjustment. 61. NEW CONSTRUCTION — Structures for which the start of construction commenced on or after the effective date of a floodplain zoning regulation adopted by this community and includes any subsequent improvements to such structures. 62. NON -FLOOD DISASTER — A fire or an ice storm, tornado, windstorm, mudslide, or other destructive act of nature, but excludes a flood. 63. NONCONFORMING STRUCTURE —An existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this ordinance for the area of the floodplain which it occupies. (For example, an existing residential structure in the floodfringe district is a conforming use. However, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming.) 64. NONCONFORMING USE —An existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this ordinance for the area of the floodplain which it occupies. (Such as a residence in the floodway.) 65. OBSTRUCTION TO FLOW — Any development which blocks the conveyance of floodwaters such that this development alone or together with any future development will cause an increase in regional flood height. 66. OFFICIAL FLOODPLAIN ZONING MAP — That map, adopted and made part of this ordinance, as described in s. 386-5B., which has been approved by the Department and FEMA. 67. OPEN SPACE USE — Those uses having a relatively low flood damage potential and not involving structures. 68. ORDINARY HIGHWATER MARK — The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. 69. PERSON — An individual, or group of individuals, corporation, partnership, association, municipality, or state agency. 70. PRIVATE SEWAGE SYSTEM — A sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the Department of Safety and Professional Services, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure, or a system located on a different parcel than the structure. 71. PUBLIC UTILITIES — Those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary 42 191 sewer, and storm sewer. 72. REASONABLY SAFE FROM FLOODING — Means base flood waters will not inundate the land or damage structures to be removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed buildings. 73. REGIONAL FLOOD — A flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE. 74. START OF CONSTRUCTION — The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. 75. STRUCTURE — Any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lakebed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts. 76. SUBDIVISION — Has the meaning given in s. 236.02(12), Wis. Stats. 77. SUBSTANTIAL DAMAGE — Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre -damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred. 78. SUBSTANTIAL IMPROVEMENT — Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the equalized assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the work performed. The term does not include either any project for the improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure. 79. UNNECESSARY HARDSHIP — Where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height, or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance. 80. VARIANCE — An authorization by the board of adjustment or appeals for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in the floodplain zoning ordinance. 81. VIOLATION — The failure of a structure or other development to be fully compliant with the floodplain zoning ordinance. A structure or other development without required permits, lowest 43 192 floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided. 82. WATERSHED — The entire region contributing runoff or surface water to a watercourse or body of water. 83. WATER SURFACE PROFILE — A graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas. 84. WELL — means an excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use. 44 193 CITY OF MUSKEGO NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Common Council of the City of Muskego will hold a Public Hearing at 6:00 PM, or shortly thereafter, on Tuesday, September 5, 2023, at Muskego City Hall, W182 S8200 Racine Avenue, to consider the repeal and re-creation of Section 386 (Floodplain Zoning) of the City of Muskego Municipal Code to incorporate changes mandated by the WI-DNR and the minimum standards of the National Flood Insurance Program (NFIP) through FEMA. This also includes the adoption of new Flood Insurance Study (FIS) documents and new floodplain maps for portions of the City. Detailed descriptions of the information listed above are available for public inspection at the City of Muskego Community Development/Planning office. All interested parties will be given an opportunity to be heard. Plan Commission City of Muskego Publish in the Waukesha Freeman Newspaper on August 16, 2023 and August 23, 2023. Dated this 81h day of August, 2023. NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE -STATED MEETING AND GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE -STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. NOTICE "Please note that, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information or to request this service, contact the Planning Division at City Hall, W182 S8200 Racine Avenue, (262) 679-4136." 194