COMMON COUNCIL Packet 09192023CITY OF MUSKEGO
COMMON COUNCIL AGENDA
09/19/2023
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
ROLL CALL
STATEMENT OF PUBLIC NOTICE
4e C21 of
SKEGO
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
CONSENT AGENDA
Approval of Common Council Meeting Minutes - September 5, 2023
CCM.2023.09.05 draft.docx
Resolution #058-2023 - Approval of a Four -Lot Certified Survey Map (Laschen)
CCR2023.058-CSM-Laschen (4-LOT).docx
PC 048-2023 SUPPLEMENT.pdf
PC 048-2023 MAP.pdf
PC 048-2023 RESOLUTION.pdf
PC 048-2023 SUBMITTAL.pdf
Resolution #059-2023 - Approval of Reduction of Cash Deposit (Baseler)
CCR2023.059-Cash Dep Red-Baseler.docx
Common Council - Baseler Court cash reduction.docx
LOC2-BaselerMNP.pdf
NEW BUSINESS
Resolution #060-2023 - Authorize Execution of the Labor Agreement Between the Muskego Police
Association and the City of Muskego for January 1, 2023 - December 31, 2025
CCR2023.060-Settle_Police Contract.docx
2023-2025 Final Agreement Between City of Muskego and Local 360 (police - redlined -
final).DOCX
REVIEW OF COMMITTEE REPORTS
Finance Committee Meeting Minutes - August 15, 2023
FCM.2023.08.15 Appr.pdf
Committee of the Whole Meeting Minutes - August 15, 2023
COWM.2023.08.15 (Appr - BUDGET MTG_1).pdf
Plan Commission Meeting Minutes - June 6, 2023 and August 1, 2023
Plan Commission Minutes 06062023 Approved.pdf
Plan Commission Minutes 08012023 Approved.pdf
UNFINISHED BUSINESS
Ordinance #1493 — An Ordinance to Repeal and Re -Create Chapter 386 of the Municipal Code of
the City of Muskego (Floodplain Zoning). Second Reading
ORD2023.1493-Floodplain Zoning.docx
Staffmemofor_Floodplain Code Changes.pdf
C Muskego_DNR draft ord 07262023 - Staff Updates Clean 08072023 FINAL.pdf
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
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.
K
UNAPPROVED
CITY OF MUSKEGO
COMMON COUNCIL MINUTES
September 5, 2023
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Petfalski called the meeting to order at 6:03 pm.
ROLL CALL
MUSKEGO
Present: Alderperson Wolfe, Alderperson Hammel, Alderperson Terrence, Alderperson Schroeder,
Alderperson Kubacki, and Alderperson Madden
Absent: Alderperson Kapusta
Also present: City Attorney Warchol, Public Works and Development Director Kroeger, Finance &
Administrative Director Mueller, Assistant Finance & Administrative Director Mustapich, Planning
Manager Trzebiatowski, Library Director Larson, Information Technologies Director Louden, Chief
Westphal, Captain Fons, Sergeant Monreal, Sergeant Pelock and 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
1. Mayor Petfalski stated that he will be presenting the proposed budget for 2024 later at the
Committee of the Whole meeting.
2. Concerning the information regarding the potential changes of use with the existing police
department building. He is reviewing some things and will bring it back before sharing to the public.
3. We have an agreement regarding the three year police contract.
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
Mr. Trzebiatowski stated that we are required by State and Federal law to have a Floodplain Zoning
Ordinance which is Chapter 386 in our Municipal Code. WDNR and FEMA provide us with
templates for the wording. Adopting these rules allows residents to buy flood insurance. FEMA and
WDNR do updates every so often because they want the maps to be as accurate as possible. It
does not affect all floodplain mapping in the city - maybe half of the floodplain areas are affected. If
anyone wants to check their property, they are welcome to reach out to staff in the Planning
Department.
There were no speakers.
Mayor closed Public Hearing at 6:07 pm.
Mayor Petfalski stated he was putting the meeting in recess and reconvened at 7:02 pm.
3
Common Council Meeting Minutes
September 5, 2023 Page 12
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
Moved by Alderperson Kubacki; seconded by Alderperson Schroeder to Approve the items under
consent.
Motion Passed: 6 - 0
Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Terrence, Alderperson
Schroeder, Alderperson Kubacki, Alderperson Madden
Voting Against: None
NEW BUSINESS
None/No action taken.
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
No action taken.
4
Common Council Meeting Minutes
September 5, 2023
Page 13
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
Staffinemofor_Floodplain Code Changes.pdf
C Muskego—DNR draft ord 07262023 - Staff Updates Clean 08072023 FINAL.pdf
PH-Floodplain Code Amendments Ch 386.docx
No action taken.
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)
Moved by Alderperson Hammel; seconded by Alderperson Schroeder to Approve.
Motion Passed: 6 - 0
Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Terrence, Alderperson
Schroeder, Alderperson Kubacki, Alderperson Madden
Voting Against: None
CITY OFFICIALS' REPORTS
None/No action taken.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
None/No action taken.
FUTURE AGENDA ITEMS
Alderperson Wolfe commented about future meetings. The next meeting will be September 19. Then
we are back on regular schedule with meetings on the 2nd and 4th Tuesdays of the month.
ADJOURNMENT
Moved by Alderperson Kubacki; seconded by Alderperson Schroeder to Adjourn at 7:06 pm.
Motion Passed: 6 - 0
Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Terrence, Alderperson Schroeder,
Alderperson Kubacki, Alderperson Madden
Voting Against: None
Minutes taken and transcribed by City Clerk Roller.
41
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #058-2023
APPROVAL OF A CERTIFIED SURVEY MAP
Laschen
WHEREAS, A four -lot Certified Survey Map was submitted by John Jewell on behalf of
Andy Laschen and Amanda Neumann for a four (4) lot land division located at
W194S6968 Hillendale Drive (Tax Key No. 2180.061.002); and
WHEREAS, This proposal is to create four parcels including one parcel with a house
and three new buildable lots from a larger parcel; and
WHEREAS, The proposed lots are approximately 19,110 square feet; 55,603 square
feet; 21,245 square feet; and 23,208 square feet in size; and
WHEREAS, The Plan Commission adopted Resolution #P.C. 048-2023 recommending
approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Plan Commission, does hereby approve the
certified survey map submitted by John Jewell on behalf of Andy Laschen and Amanda
Neumann for a four (4) lot land division located at W194S6968 Hillendale Drive subject
to the conditions outlined in Resolution #P.C. 048-2023.
BE IT FURTHER RESOLVED That this approval is subject to receipt of all fees required
by the Land Division Ordinance, any special assessments which may be due, payment
of any unpaid taxes, and approval of the City Engineer.
BE IT FURTHER RESOLVED That a digital file of this certified survey map shall be
submitted to the City.
DATED THIS 19th DAY SEPTEMBER 2023.
SPONSORED BY:
PLAN COMMISSION
This is to certify that this is a true and accurate copy of Resolution #058-2023, which
was adopted by the Common Council of the City of Muskego.
City Clerk
9/23cmc
6
City of Muskego
Plan Commission Supplement PC 048-2023
For the meeting of. September 12, 2023
REQUEST: Four (4) Lot Land Division — Certified Survey Map
W194 S6968 Hillendale Drive / Tax Key No. 2180.061.002
SE '/4 of Section 5
PETITIONER: John Jewell on behalf of Andy Laschen and Amanda Neumann
INTRODUCED: September 12, 2023
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 048-2023
The petitioner is proposing to create four parcels including one parcel with a house and three new
buildable lots from a larger parcel located at W194 S6968 Hillendale Drive. The proposed lots are
approximately 19,110 SF, 55,603 SF, 21,245 SF and 23,208 SF in size.
PLAN CONSISTENCY PC 048-2023
Comprehensive Plan: The 2020 Plan depicts the areas for medium density residential uses.
The proposal is consistent with the plan.
Zoning: The property is zoned PD-43 Kenwood Place Planned Development
District. This zoning requires minimum lot sizes of 15,000 SF and an
average lot width of 100 feet. The proposal is consistent with the Code.
Parks and Conservation Plan: The 2017-2021 Plan does not depict any park area on this property.
The proposal will be consistent with the Plan.
Street System Plan: The proper right-of-ways for Hillendale Drive and Kenwood Drive have
been previously dedicated. The proposal is consistent with the Plan.
Adopted 208 Sanitary Sewer 'The lots will be serviced via the public sewer system. The proposal is
iService Area: 1consistent with the plan.
Water Capacity Assessment T he lots will be serviced via the public water system. The proposal is
District: consistent with the plan.
DISCUSSION PC 048-2023
The applicant is seeking to create one developed and three new buildable lots from a 2.7-acre parcel via
CSM. The proposed lots meet the minimum lot size and width required.
Upon initial review of the CSM, the bulk requirements of the code appear to be met. The technical review
is in the process of being completed. All corrections/additions will be needed prior to the CSM can be
signed by the City and recorded.
7
Staff recommends approval subject to meeting all items noted above and all technical corrections
received from the Engineering Division. The Resolution is drafted accordingly.
STAFF RECOMMENDATION PC 048-2023
Approval of Resolution PC 048-2023
RESOLUTION #PC 048-2023
Supplemental Map
i
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y
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KENWOOD DR
Andy Laschen & Amanda Neumann
W194 S6968 Hillendale Drive Q Agenda Item(s)
Right -of -Way
Properties
1 &V, c w 0 100 200 Feet
io SKFGO 1 1 1
Prepared by City of Muskego Planning Department
J
RESOLUTION #P.C. 048-2023
APPROVAL OF A FOUR LOT CERTIFIED SURVEY MAP FOR THE LASCHEN PROPERTY
LOCATED AT W194 S6968 HILLENDALE DRIVE / TAX KEY NO. 2180.061.002
WHEREAS, A Certified Survey Map (CSM) was submitted by John Jewell on behalf of Andy Laschen and
Amanda Neumann for a four (4) lot land division located at W194 S6968 Hillendale Drive / Tax Key No.
2180.061.002, and
WHEREAS, This CSM is create four parcels including one parcel with a house and three new buildable lots
from a larger parcel, and
WHEREAS, The proposed lots are approximately 19,110 SF, 55,603 SF, 21,245 SF and 23,208 SF in size,
and
WHEREAS, The property is zoned PD-43 Kenwood Place Planned Development District and is consistent
with the Code, and
WHEREAS, The 2020 Comprehensive Plan depicts the area for medium density residential uses and the
proposed lot is consistent with the plan, and
WHEREAS, Hillendale Drive and Kenwood Drive have been previously dedicated, and
WHEREAS, The lots are served by public sewer system and municipal water.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted
by John Jewell on behalf of Andy Laschen and Amanda Neumann for a four (4) lot land division located at
W194 S6968 Hillendale Drive / Tax Key No. 2180.061.002, subject to technical corrections as identified by
the City Engineers and Planners and payment of all applicable fees and outstanding assessments, if
applicable.
BE IT FURTHER RESOLVED, All technical corrections from the City will need to be addressed before the
Certified Survey Map can be signed and recorded.
BE IT FURTHER RESOLVED, A digital file of this CSM shall be submitted to the City in accordance with
Common Council Ordinance No. 1118 and Resolution 196-2002.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: September 12, 2023
ATTEST: Adam Trzebiatowski AICP, Planning Manager
10
bL
Certified Survey Map No.
Being a re —division of Lot 2, Certified Survey Map No. 11038, being o part of the
Southeast 114 and the Southwest 114 of the Southeast 114 of Section 5, Township 5
North, Range 20 East, City of Muskego, Waukesha County, Wisconsin.
I
NE Comer SW 1/4
Sec. 5-5-20
Grid Coordinates:
N=342, 029.48
E=2, 464,154.54
Conc. Monument
W/ Bross Cop
Lot 1 4�W
/ CSM 11038
I 'r 76• O lye Tr. Lost Line
\ � O Easementy
N O Lof 1
Q� 19,110.94 Sq. Feet
4// , 0.439 Acres
_Z 654344 ��c
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SO' 55, 603 38 Sq. Feet
1.276 Acres C
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/ 1 S Z6 • ` ^ Floor EL. Dwelling F.F.
Lot J
21, 245 92 Sq. Feet
0.488 Acres p
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Southeast 1/4
Sec. 5-5-20
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Grid Coordinates:
O V Easement �I N=339,942.86
\Ica
0 100 200 300
Scole: 1 "=100'
_^ Lot 4 iq W W Q E=2, 464,212.43
tea. 23,208 4B Sq. Feet 4� o QI Conc. Monument
p h h W/ Bross Cap
0.533 Acres A
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Curve Table
Curve
Radius
Arc Len th
Chord Length
Chord BearingDelta
Angle
Ton ent BearingIn
Tangent BearingOut
ci
180.00'
123.14'
120.75'
S 577842" E
3971 45"
S 7654 J4" E
S 37'4249" E
S 5778'38" E
S 7654 JO" E
S 37'4245" E)
C2
120.00'
108.19'
104,56'
S 633227" E
51 i920"
S 3714249" E
S 8922'05" E
S 633223" E
S 37'4245" E
S 8922107" E
C3
30.Do'
25.23'
24.49'
N 232747" W
4870'46"
N 003755" E
N 473309" W
(N 232743" W)
(N 003759" E)
(N 473305" W)
C4
60, 00'
38. 43'
37.78'
N 2972'11 " W
36 42 05"
N 4733 09" W
N 10 51 08" W
(N 2972 07" W)
(N 4733'05" W)
(N 10 51 04" W)
Elevation Datum: NGVD 1929
Bearings Referenced To The Wisconsin State
Plane Coordinate System Grid, South —Zone
(NAD83/2011)
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$A utheast Survev uLc
Professional Land Surveyors
W207SB240 Hillendale Drive
Muskego, N 53150
Phone: 414-429-4862
Email: Mike0surveyse.com
Website: surveyse.com,
Prepared For
Sharon Laschen
S70W19373 Kenwood Drive
Muskego, M 53150
Prepared By.
Michael P. Casey, P.L.S. #2482
Southeast Survey, LLC
W207S8240 Hillendale Drive
Muskego, Wl 53150
Southeast Survey Job No. 23075
Sheet 1 Of 4
�,�������"� SC ONS / i�iiii��� /
Michael P.
Casey
S-2482 =
Muskego,
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COMMON COUNCIL — CITY OF MUSKEGO
RESOLUTION #059-2023
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 $46,868.40, leaving a remaining balance of $281,836.69.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of
Muskego does hereby approve that the cash deposit for James Baseler be reduced
from $328,705.09 to $281,836.69.
DATED THIS 19th DAY OF SEPTEMBER 2023.
SPONSORED BY:
FINANCE COMMITTEE
This is to certify that this is a true and accurate copy of Resolution #059-2023, which
was adopted by the Common Council of the City of Muskego.
City Clerk
9/23cmc
�„�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: September 19, 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 $46,868.40. The cash deposit would
be reduced from $328,705.09 to $281,836.69.
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 $328,705.09 to $281,836.69 for the Baseler Court
Development.
Date of Committee Action: September 19, 2023
Planned Date of Council Action (if required): September 19, 2023
Total $ Needed: N/A
Fiscal Note(s): N/A
$ Budgeted: N/A
Expenditure Account(s) to Be Used: N/A
(3/2019)
13
COST BREAKDOWN
Baseler Court
August 29, 2023
#1 ROAD CONSTRUCTION
a. Stone/Binder Lifts of Asphalt/Curb & Gutter
b. Final Lift of Asphalt (including final inlet adjustments)
c. Recreational Trail or Sidewalk
d. Other (Misc. Removals)
e. 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. Clear and Grub Site
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)
Proposed Cost LOC Red No.l LOC Red No.2 ADJ. BAL.
$ 106,528.42 $39,057.00 $ 67,471.42
$ 35,720.00 $ 35,720.00
$ 15,647.33 $ 15,647.33
$ 157,895.75 $ - $ 39,057.00 $ 118,838.75
$
82,000.00 $41,000.00
$
41,000.00
$
19,969.00
$
19,969.00
$
11,216.59 $5,216.59
$
6,000.00
$
113,185.59 $46,216.59
$0.00
$66,969.00
$ - $0.00 $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 $
#6 STORM SEWER SYSTEM
a. Mains & manholes
b. Inlets
c. Laterals + Sump Lines
d. Headwalls/discharge structures
e. Engineering Inspections (estimate only)
f. Other
$0.00
$ 38,338.80 $11,500.00 $ 26,838.80
$ 4,217.27 $ 4,217.27
$ 42,556.07 $11,500.00 $0.00 $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
$ - $0.00 $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 $ -
$0.00 $
18,000.10
$ 331,637.50 $ 57,716.59 $39,057.00 $ 234,863.91
120 % = LETTER OF CREDIT AMOUNT $ 397,965.00 $ 69,259.91 $ 46,868.40 $ 281,836.69 LOC Remaining
$ 116,128.31 LOC Reduction with the 20%
14
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #060-2023
AUTHORIZE EXECUTION OF THE LABOR AGREEMENT
BETWEEN THE MUSKEGO POLICE ASSOCIATION AND
THE CITY OF MUSKEGO
JANUARY 1, 2023 - DECEMBER 31, 2025
WHEREAS, A settlement has been reached between the negotiators for the City of
Muskego and the Muskego Police Association; and
WHEREAS, The terms of the settlement are attached.
NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of
Muskego does hereby approve the terms of the agreement between the Muskego
Police Association and the City of Muskego for the period January 1, 2023 through
December 31, 2025.
BE IT FURTHER RESOLVED That the Mayor and City Clerk are hereby authorized to
execute the labor agreement.
DATED THIS 19th DAY OF SEPTEMBER 2023.
SPONSORED BY:
Mayor Rick Petfalski
This is to certify that this is a true and accurate copy of Resolution # 060-2023which
was adopted by the Common Council of the City of Muskego.
City Clerk
9/23cmc
15
AGREEMENT
Between
THE CITY OF MUSKEGO
MUSKEGO, WISCONSIN
and
THE MUSKEGO POLICE ASSOCIATION
January 1, 2023
through
December 31, 2025
16
TABLE OF CONTENTS
Page
ARTICLE 1
INTENT AND PURPOSE...........................................................................2
ARTICLE 2
COOPERATION.........................................................................................2
ARTICLE 3
RECOGNITION..........................................................................................2
ARTICLE 4
DUES DEDUCTION...................................................................................2
ARTICLE 5
GRIEVANCE PROCEDURE......................................................................3
ARTICLE6
WAGES.......................................................................................................5
ARTICLE 7
HOURS AND WORKWEEK......................................................................6
ARTICLE 8
OVERTIME.................................................................................................9
ARTICLE 9
HOLIDAYS...............................................................................................10
ARTICLE10
VACATIONS............................................................................................I
I
ARTICLE 11
UNIFORM MAINTENANCE...................................................................12
ARTICLE 12
HEALTH AND WELFARE......................................................................13
ARTICLE 13
PENSION...................................................................................................15
ARTICLE 14
SICK LEAVE............................................................................................15
ARTICLE 15
FUNERAL LEAVE...................................................................................17
ARTICLE 16
PROBATIONARY PERIOD.....................................................................18
ARTICLE 17
SENIORITY..............................................................................................18
ARTICLE 18
LAYOFF AND RECALL..........................................................................19
ARTICLE 19
MANAGEMENT RIGHTS RESERVED..................................................19
ARTICLE 20
CONSTRUCTION OF AGREEMENT.....................................................20
ARTICLE 21
NO STRIKE CLAUSE..............................................................................20
ARTICLE 22
CONDITION OF AGREEMENT..............................................................20
ARTICLE 23
MISCELLANEOUS..................................................................................20
ARTICLE 24
CANINE OFFICER...................................................................................20
ARTICLE 25
SCHOOL DISTRICT OVERTIME.............................................22
ARTICLE 26
TERMINATION..................................................................22
APPENDIX"A"
....................................................................................................................23
SIDE LETTERS OF AGREEMENT.....................................................................24
H tl
THE CITY OF MUSKEGO
AND
THE MUSKEGO POLICE ASSOCIATION
This Agreement is made and entered into at the City of Muskego, Wisconsin, by and between the
CITY OF MUSKEGO, a municipal corporation, hereinafter referred to as the "Employer" and the
MUSKEGO POLICE ASSOCIATION, hereinafter referred to as the "Association."
ARTICLE 1 -- INTENT AND PURPOSE
Section 1. It is the intent that the following Agreement shall be implementation of the provisions
of Section 111.70 of the Wisconsin Statutes, consistent with that legislative authority which
devolves upon the City of Muskego, the Statutes and, insofar as applicable, the rules and
regulations relating to or promulgated by the Civil Service Ordinance.
Section 2. Both of the parties to this Agreement are desirous of reaching an amicable
understanding with respect to the employer -employee relationship that exists between them and to
enter into an Agreement covering rates of pay, hours of work and conditions of employment.
ARTICLE 2 -- COOPERATION
Section 1. The Union agrees for its members who are employees of the City of Muskego that they
will individually and collectively perform loyal and efficient work and service, that they will use
their influence and best efforts to protect the property of the City of Muskego and its interest, and
that they will cooperate in promoting and advancing the welfare of the City of Muskego and service
at all times. For the mutual benefit of both the employees and the City of Muskego, the Union
further agrees to cooperate with the City of Muskego and actively participate in the promotion and
operation of an effective safety and job training program.
Section 2. The City of Muskego agrees that it will cooperate with the Union in its efforts to
promote harmony and efficiency among all of the City of Muskego's employees, and to this end
agrees to actively promote and maintain an effective and continuing program of safety and job
training.
ARTICLE 3 -- RECOGNITION
Section 1. The Employer recognizes the Association as the exclusive bargaining representative of
all employees of the Police Department with powers of arrest, excluding all supervisors,
confidential, executive and managerial employees, clerical employees, dispatchers and all other
employees of the Employer for the purposes of negotiating in relation to wages, hours and
conditions of employment.
ARTICLE 4 -- DUES DEDUCTION
Section 1. The Employer agrees to deduct monthly dues in the amount certified by the Association
from the pay of employees who individually sign a dues deduction authorization form where the
Employee is knowingly and affirmatively consenting to the deduction of dues from the employee's
paycheck, including any Association dues which the employee has authorized to be deducted in
conjunction with the Association dues.
2 18
The Employer shall deduct the combined dues amount each month for each employee requesting
such deduction, upon receipt of such form and shall remit the total of such deductions, with a list
of employees from who such sums have been deducted, to the Association if applicable, in one
lump sum not later than the 15ffi of each month.
Authorization of dues deductions by a member may be revoked upon notice in writing to the
Association and with the understanding that the deduction will cease as reasonably as practical
after receipt of written notice of revocation.
No employee shall be required to join the Association, but membership in the Association shall be
made available to all employees in the bargaining unit who apply consistent with either the
Association Constitution and By -Laws. The Employer agrees to notify the Association's President
in writing of the name of any new hire into the bargaining unit. No employee shall be denied
membership because of race, creed, color, sex, or other legally protected class status.
It is expressly understood and agreed that Association will refund to the Employer or the employee
involved any dues erroneously deducted by the employer and paid to the Association. The
Association does hereby indemnify and shall save and hold _the Employer harmless against any
and all claims, demands, suits, or other forms of liability, including court costs, that shall arise out
of or by reason of action taken or not taken by the Employer, which Employer action or non -action
is in compliance with the provision of this Article, and in reliance on any lists or certificates which
have been furnished to the Employer pursuant to this Article; provided that the defense of any such
claims, demands, suits or other forms of liability shall be under the control of the Association and
its attorneys. However, nothing in this section shall be interpreted to preclude the Employer from
participating in any legal proceedings challenging the application or interpretation of this Article
through representatives of its own choosing and at its own expense.
ARTICLE 5 -- GRIEVANCE PROCEDURE
Section 1. Definition. A grievance is a claim based upon an event or condition which affects the
wages, hours or conditions of employment of one or more employees, or the Association, involving
the interpretation, meaning or application of any of the provisions of this Agreement. The
Association may be a grievant in cases where it feels it has a collective grievance of its members.
A grievance does not include any type of complaint by a police officer or the Association
respecting any discipline taken by the Department that is subject to Wisconsin Statute Section
62.13(5). Such disciplinary matters shall be handled pursuant to Wisconsin Statute Section
62.13(5). All discipline not subject to Wisconsin Statute Section 62.13(5) is subject to the
grievance procedure under a reasonableness standard.
Section 2. Procedure.
A. The grievance procedure shall consist of four steps hereinafter set forth. No grievance
shall be made or recognized unless it is founded upon an alleged breach of the terms
and conditions of this Agreement. All grievances not initiated or filed by the grievant
or his representatives within the applicable time limit specified in this article shall be
deemed abandoned. A grievant may initiate, present and process his grievance with or
without a representative or representatives. All times hereinafter set forth in this article,
unless otherwise specified, are working days and are exclusive of Saturdays, Sundays
and any holiday recognized in this Agreement. All time requirements set forth in this
3 19
article may be waived or extended by mutual agreement of the parties. If, in any step,
the City's representatives fail to give their written answer within the time limit therein
set forth, the grievance shall automatically be transferred to the next step at the
expiration of such time limit. Should any grievance not be moved to the next step by
the Association, within the time limits provided, following the City's answer, the
grievance will be considered settled.
B. A grievance affecting a group or class of employees may be submitted in writing by
the Association to the Chief directly and the processing of such grievance shall
commence at Level 2.
C. All decisions respective to written grievances will be in writing and shall be transmitted
to the aggrieved and to the Association.
STEP 1. A police officer, believing he has cause for a grievance, shall orally present his
grievance to his Division Commander within fifteen (15) days of the incident or within
fifteen (15) days of his securing knowledge thereof. Thereafter the grievant shall discuss
the matter with his Division Commander. Such discussion shall be held as soon as
possible, but no later than forty-eight (48) hours after the initiation of the grievance. If the
grievance is not settled within forty-eight (48) hours after such discussion to the
satisfaction of the grievant, the grievant shall reduce such grievance to writing and submit
it to the Chief within five (5) days after such discussion. In the event of such appeal, the
answer of the Division Commander above shall be reduced to writing within (5) days.
STEP 2. The Chief shall set a time for discussion of the grievance that shall be within five
(5) days from the time of the presentation to him of the written grievance by the grievant
and his Division Commander. The Chief shall give his decision in writing to the grievant
and his representative; within (5) days of the date the discussion was held. Within five (5)
days, if the grievant is not satisfied with the Chiefs decision, he shall further process his
grievance as provided in Step 3.
STEP 3. The grievant shall present his grievance in writing to the City Council or its
designate. The City Council through its Chairman or his designee shall attempt to make
the necessary adjustment to reconcile the grievance. In any event, the Chairman or his
designee shall be required to respond in writing within thirty (30) days from the date of
receiving the written grievance, to the grievant and a copy to the Association President. If
the grievance is not settled in Step 3, either parry may take the matter to arbitration as
herein provided.
STEP 4.
a. Not later than fifteen (15) days, after the written response required in Step 3, either
parry can request the Wisconsin Employment Relations Commission to name an
arbitrator from its staff.
b. The arbitrator shall have the authority to determine issues concerning the
interpretation and application of all articles and sections of this Agreement.
c. The written decision of the arbitrator shall be final and binding upon both parties.
4 20
The arbitrator shall expressly confine himself to the precise issues submitted for arbitration
and shall have no authority to determine any other issue not submitted to him or to submit
observations or declarations of opinion which are not directly essential in reaching the
determination. The arbitrator shall have no right to amend, modify, nullify, ignore or add to
the provisions of this Agreement.
The arbitrator shall take such evidence as in his judgment is appropriate for the disposition of
the dispute. Statements of position may be made by the parties, and witnesses may be called.
The arbitrator shall have initial authority to determine whether or not the dispute is arbitrable.
Once it is determined that a dispute is arbitrable, the arbitrator shall proceed in accordance
with this article to determine the merits of the dispute submitted to arbitration, and his
decision shall be final and binding upon all parties. The cost of the arbitrator shall be shared
equally by both parties. All other costs shall be paid by the party that necessitates the expense.
ARTICLE 6 — WAGES
Section 1. All employees shall be paid biweekly according to the wage scale listed in Appendix
"A". The City shall pay all employees on Thursday for work performed through the previous
Saturday.
Section 2. Placement in the Salary Schedule
A. At the discretion of the City, newly hired officers can be placed on the salary schedule
above the start rate based on their applicable level of experience.
B. Newly hired officers placed above the start rate will also receive an allotment of vacation
commensurate with their placement on the salary schedule and their level of experience as
a police officer.
C. Newly hired officers will not be eligible to bid for promotion until they have completed
three years of service in law enforcement.
D. It is understood that placement on the salary schedule above the start rate does not affect
the officer's seniority which will be measured pursuant to the Collective Bargaining
Agreement.
Section 3. Shift Commander Pay. Officers who act as shift commander (including an acting
lieutenant), in the absence of a supervising officer acting as shift commander, shall be paid the
appropriate starting sergeant's, or starting Lieutenants rate of pay for such work after they have
worked for a period of at least two (2) consecutive hours. The pay shall be for the entire time the
officer acts in a shift commander capacity.
Section 4. Temporary Assignment. Any officer appointed to the position of Community Resource
Officer on a temporary basis shall be compensated at the CRO wage rate for all hours worked
while performing CRO duties. It is understood that notwithstanding the above, all officers are
expected to perform community -related activities as part of their regular duties.
Section 5. Jury Duty. Employees shall be granted time off with full pay for reporting for jury duty
upon presentation of satisfactory evidence relating to this call to duty. Any employee engaged in
jury duty shall be considered working the day shift (7:00 AM to 3:00 PM) and shall be excused
21
from his normal work responsibilities. If the employee is not required to return for jury duty after
the lunch recess, that employee shall be expected to report to work and complete the remainder of
his shift. Any compensation received for such jury duty, exclusive of travel pay, shall be turned
over to the employer. However, if the jury duty occurs on a regularly scheduled off day, all
compensation shall remain with the employee.
Section 6. Beginning 01/01/2015 all qualified Field Training Officers, or Officers who are utilized
as field training officers, shall be compensated at one (1) hour of pay or compensatory time off at
the straight time rate for each day worked training a new Officer.
Section 7. Worker's Compensation. Any employee who is absent due to injury or illness caused
during the course of his duties and is eligible for Worker's Compensation payments for temporary
partial or temporary total disability, shall receive his Worker's Compensation payment, and a
payment from the City equal to the difference between the Worker's Compensation payment and
the employee's regular salary.
ARTICLE 7 —HOURS AND WORKWEEK
Section 1. The normal hours of work for the Police Department employees covered by this
Agreement are as follows:
A. Officers shall be assigned regular hours on an established shift as prescribed by the
Chief so that the highest level of protection to life and property may be maintained.
B. The normal workday consists of eight (8) consecutive duty hours including one-half
(1/2) hour lunch break, subject to call, and shall be preceded by fifteen (15) minutes
of report -in time, for a total of eight and one -quarter (8'/4) hours.
C. The schedule of days worked shall normally be as follows:
Four (4) days of work followed by two (2) days off and in turn:
Four (4) days of work followed by two (2) days off (4-2) (4-2).
D. The schedule of days worked for officers assigned to the Special Services Division
shall normally be an eight (8) hour day as follows:
Five (5) days of work followed by two (2) days off in turn:
Five (5) days of work followed by two (2) days off (5-2) (5-2).
E. Any flexing of normal duty hours shall be on a mutually agreed upon basis between
the employee and the shift/bureau commander/supervisor. The flexing of normal
duty hours includes the following: changing the starting and ending times of the shift.
F. The work schedule of the officer assigned as the Community Resource Officer shall
be as follows; however, the Chief of Police reserves the right to adjust this work
schedule upon mutual agreement with the Association, and when necessary to staff
the community events listed herein:
Monday and Tuesday 1:00 PM to 9:00 PM
Wednesday through Friday 8:00 AM to 4:00 PM
6 22
Community Events:
Jammin' on Janesville;
Shop with a Cop;
Fourth of July Events (including Third of July);
National Night Out; and
Dandilion Daze
G. It shall be the policy of the Employer to recognize seniority within rank and
classification as to shift assignment.
H. Officers shall be given reasonable notice in the event of a temporary change in shift
assignment. Reasonable notice is defined as at least forty-eight (48) hours before the
scheduled new starting time or old starting time, whichever provides for greater
notice. Any officer given less than forty-eight (48) hours' notice shall be paid at one
and one-half (1-1 /2) times his regular rate for all hours worked outside his or her
normal shift within forty-eight (48) hours of the notice. In the event of a temporary
shift assignment beyond ten (10) days, an officer can elect to bump a less senior
officer. It is mutually agreed that this forty-eight (48) hour provision is intended for
exigent situations.
I. School Resource Officers. Officers shall be assigned as School Resource Officers as
set forth in Department Policy #314, dated July 19, 2001.
1. The assignment of School Resource Officer shall have a term of one year,
assigned to the Detective Bureau.
2. The term of a School Resource Officer shall commence at the end of the School
year. Duty hours outside of the regular school year shall be reviewed by the
Administration set by February I" of each year.
3. School Resource Officers may be retained for additional one-year terms at the
Chief s sole discretion. Not later than May 1 of each year the School Resource
Officers and the Department Administration will meet to review the
assignments for the following year. No later than May 15, the parties will
indicate, in writing, their intentions to renew their assignment.
4. School Resource Officers who are returned to patrol duties before the end of
their term shall retain the wages of a SRO for the duration of their term. Officers
will revert to the normal work schedule of the patrol division.
5. Officers exiting the assignment shall assume the schedule of the officer chosen
as a replacement. Should no replacement be named, assignment of exiting
officer shall be based on seniority.
6. If an officer requests to leave the assignment of SRO prior to the end of their
term, he/she may be required to continue until the end of the current school year.
7. School assignment shall be based on preferences of the Chief of Police and
school administration.
J. The Chief of Police, in his discretion, may assign one hundred percent (100%) of the
total number of employees of the Department to work overlapping shifts in case of
investigation, riots, civil disturbances, strikes or other emergencies. Should a dispute
23
regarding this article result the Association agrees to the principle of work now,
grieve later.
K. For as long as the City maintains two detective positions, those positions shall be a
promotion based upon appointment by the Chief of Police and approval from the
Police and Fire Commission. If the City assigns more than two detective positions to
the special services bureau, the additional positions shall be "Investigator"
assignments or a "Drug Taskforce Investigator" assignment as described below:
1. The assignment of Investigator shall have an initial term of two years. The
term shall commence at the beginning of a calendar year. If the assignment is
made after April 301h of any year, the term will commence at the start of the
next calendar year.
2. The assignment of Drug Taskforce Investigator shall have an initial term of
five years. The term shall commence at the beginning of a calendar year. If the
assignment is made after April 30ffi of any year, the term will commence at the
start of the next calendar year.
3. Assigned Investigators may be retained for additional two-year terms. No
later than August 1 of the year the term is set to expire, the Investigator and
the Department will meet to review the assignments for the following term.
No later than October 15, the parties will indicate, in writing, their intentions
to renew their assignment.
4. Assigned Drug Taskforce Investigators may be retained for additional one-
year terms. No later than August 1 of the year the term is set to expire, the
Drug Taskforce Investigator and the Department will meet to review the
assignments for the following term. No later than October 15, the parties will
indicate, in writing, their intentions to renew their assignment.
5. Assigned Investigators or Drug Taskforce Investigators who are returned to
patrol duties at the request of the Department before the end of their term
shall retain the appropriate detective wage for the duration of the current
calendar year. Officers will revert to the normal work schedule of the patrol
division based upon their seniority.
6. An Investigator or Drug Taskforce Investigator exiting the assignment other
than the end of a term shall assume the schedule of the patrol officer chosen as
a replacement. If no replacement is named, assignment of exiting officer shall
be based on seniority. Should the replacement come from a specialty position,
the exiting officer will be assigned to patrol based on their seniority.
7. If an officer requests to leave the Investigator or Drug Taskforce Investigator
assignment prior to the end of their term, he/she may be required to continue
until the expiration of the term.
L. Community Resource Officer (CRO). Officers shall be assigned as Community
Resource Officers as set forth in Department Policy #314.
1. The assignment of Community Resource Officer shall have a term of one year.
2. The term of a Community Resource Officer shall commence at the time of the
assignment. Duties to be established by the Chief.
3. The Community Resource Officer may be retained for additional one-year
terms.
24
4. Community Resource Officers who are returned to patrol duties before the end
of their term shall retain the wages of a CRO for the duration of their term.
Officers will revert to the normal work schedule of the patrol division.
5. Officers exiting the assignment shall assume the schedule of the officer chosen
as a replacement. Should no replacement be named, assignment of exiting
officer shall be based on seniority.
6. If an officer requests to leave the assignment of CRO prior to the end of their
term, he/she may be required to continue until the end of the term.
7. Assignment shall be based on seniority within the classification, providing all
other qualifications are equal.
M. In order to ensure coverage, Special Service personnel (i.e., those who report to the
Detective Lieutenant) will be assigned to a week-long investigative on -call status on
a rotating basis. Personnel assigned to investigative on -call status shall limit their
activities while on -call so as to be able to respond to the Department in accordance
with the following conditions:
1. One person shall be responsible for investigative on -call status for each day
over the week.
2. The on -call person shall respond in person to the Department as soon as
practicable upon being called in, but no longer than a 2-hour period following
receipt of the call -in. All call -ins of an on -call person shall be approved by a
supervisor.
3. On -call personnel shall maintain themselves in a fit -for -duty condition while
on -call.
4. Each week-long investigative on -call assignment shall begin Thursday at 12:00
a.m. until the following Wednesday at 11:59 a.m.
5. On -call personnel will be compensated with 8 hours of compensatory time for
each week they are assigned to on -call status. If called into duty while on -call,
on -call personnel shall be compensated at regular overtime rate of pay for all
hours worked during the call -in. This compensation shall be in addition to the
compensatory time received in exchange for on -call status under this Section 1,
Subsection M.
6. Selection of the week investigative on -call assignments shall be established by
the Chief of Police or designee utilizing a rotating selection process.
N. In order to ensure coverage, the Drug Taskforce Investigator will be assigned to an
on -call status per the governing agency's procedure. The Drug Taskforce Investigator
will be compensated with two (2) hours of compensatory time at their regular
overtime rate of pay for each day they are assigned to on -call status.
Section 2. Annual Shift Selection. On October 1 of the preceding year, employees may select
their preferred shift assignment within their respective rank, according to their seniority within that
rank, Lieutenants and Sergeants having picked first. Each employee will be allowed three (3) days
from the last pick to make their choice of shift selection. A list will be posted showing the available
shift and division assignments, along with a seniority listing. Employees will be checked off as
they complete their pick. It will be each employee's responsibility to check the list for their time
to pick. The newly selected shifts shall take effect January 2 of each year. In the event that the
shift selection process results in an employee working in excess of four (4) consecutive days, the
employee will not be able to claim additional compensation. In the event that the shift selection
25
process results in an employee working two (2) consecutive shifts, the employee will be required
to take a vacation day, personal holiday, trade day, or compensatory time in lieu of working the
second consecutive shift, if manpower allows. Any employee not making his shift selection at the
proper time shall lose his seniority rights for the selection process.
Section 3. Trade Days. Personnel who have a need for trade days and who can meet the provisions
of the below guidelines may file a "Trade day" request with their respective Division Lieutenant
or his/her Designee. The Division Lieutenant/Designee shall be responsible to screen all trade day
requests. Said request shall be granted or denied based on but not limited to the following criteria:
A. Employees in like classification will be permitted to trade between each other any
authorized days off, or one (1) of their off days in each group. Trades shall be
allowed between sworn officers and sergeants. An authorized day is defined as an
eight and one quarter (81/,) hour shift within a twenty-four hour period. Trade days
shall not be granted between sworn and non -sworn personnel, investigative and
uniform personnel, or dispatch and non -dispatch personnel.
B. Request for a trade day will be made in writing prior to the trade occurring.
C. Employees will not be permitted to trade shifts unless a minimum of eight (8) hours
separates the hours of work.
D. Probationary employees will not be permitted this opportunity unless all necessary
training has been completed so as to allow the employee to work without the direct
supervision of a field -training officer, and that the employee is counted for
minimum staffing.
E. Officers will be allowed to utilize trade days prior to use of compensatory time.
F. Trades are not limited to 8.25-hour shifts, but include the ability to trade partial
shifts and hours, as is the past practice of the Department.
G. No trades involving either a partial or whole shift shall be approved which would
cause an officer to work in excess of 12.25 hours consecutively.
ARTICLE 8 -- OVERTIME
Section 1. So long as there is scheduled a 4-2, 4-2 work schedule there shall be a fifteen (15)
minute call -in role call prior to the start of the shift. All employees who work in excess of their
normal regularly scheduled workday of eight and one -quarter (81/4) hours or regularly scheduled
workweek shall receive time and one-half (11/2) for all such hours worked. During the term of this
Agreement, said overtime shall be paid at an hourly rate derived from dividing the annual salary
by 2080 hours. Provided, however, that employees working a 5-2 scheduled and an eight (8) hour
workday shall be eligible for the above after eight (8) hours worked. Payment for such overtime
shall be made on each pay period, provided, however, that an employee who has worked overtime
shall have the alternative of being paid for such overtime or be granted compensatory time off at
the rate of one and one-half (11/2) hours for each overtime hour worked. Provided that no employee
may accumulate, for the purpose of compensatory time off, more than sixty-four (64) hours of
compensatory time off. Any overtime accumulated in excess of sixty-four (64) hours will be
compensated pursuant to this Article.
Section 2. The Employer shall have the right to schedule employees for the annual in-service
training and specialized training by adjusting off -duty time to avoid having to pay time and one-
half (1%2x) if a training session would otherwise fall on the employee's regular off time, provided
the training session is a minimum of eight hours in length (to be considered the equivalent to the
loss of a regular shift).
10 26
Section 3. Detectives, SROs, and CROs are exempt from mandatory patrol overtime but may
volunteer. Forced overtime assignments shall be made according to a two -tiered system: (1)
seniority within assignment classification; and (2) overtime hours as listed in the overtime totals
spreadsheet.
Section 4. Employees covered by this Agreement, when requested to work at a time not included
in their regular work schedule and not subject to Article 7, Section 1, shall be paid a minimum of
two (2) hours at their applicable rate in accordance with Article 7, Section 1. If an officer's court
appearance is canceled after 4:00 p.m. on the day before, the officer shall be paid two (2) hours of
straight time.
ARTICLE 9 -- HOLIDAYS
Section 1. All employees scheduled to work a 4-2, 4-2 work schedule shall be entitled to eight (8)
hours pay at their regular straight -time rate for eight (8) of the following holidays. Such payment
to be made in a lump sum, payable to each employee the payday prior to the Thanksgiving holiday.
The parties understand and agree that this annual December holiday payment shall be paid on a
pro -rated basis for new hires, or for employees whose employment has terminated, or who are
placed on an unpaid leave of absence prior to the end of the calendar year. Said pro -rated payout
shall be on the basis of one -twelfth (1/12) of the payout to be paid for each month worked during
the calendar year. A month shall be considered worked provided the employee either began prior
to the 15th of the month or worked past the 15th of the month in the event his employment is
terminated or he is placed on an unpaid leave of absence. In any event, an employee who
commenced work in the month of January of the then applicable calendar year shall receive all
twelve (12) months of said holiday pay. The parties agree that the holidays shall be as follows:
New Year's Day Thanksgiving
Spring Holiday Day After Thanksgiving
Memorial Day Christmas Eve Day
Independence Day Christmas Day
Labor Day New Year's Eve Day
Section 2. In addition to the eight (8) days of holiday pay, employees shall be entitled to take two
(2) floating holidays at a time mutually agreed upon by the Chief and employee. The accrual of
hours for these floating holiday hours shall be on a pro -rated basis for new hires, or for employees
whose employment has terminated, or who are placed on an unpaid leave of absence. Said pro-
rated payout shall be on the basis of one -twelfth (1/12) of the payment to be paid for each month
worked during the calendar year, and shall be paid with the remaining holiday payout on the first
pay period in December. The employee may elect to take any unused holiday time pay at the
regular straight -time rate in lieu of such holiday(s) to be paid with the last paycheck of the year.
Section 3. If an employee works a full shift on a holiday, which does not fall on one of his
scheduled workdays, he shall receive sixteen (16) hours of pay in addition to his regular monthly
salary. If less than a full shift, i.e., eight and one -quarter (8'/4) hours, are worked on such holidays,
a proportionate amount shall be paid.
Section 4. If an employee is scheduled to work on a holiday, all hours worked in addition to the
regular shift shall be paid at two times the employee's regular hourly wage.
11 27
Section 5. The above language shall not be construed to apply to officers scheduled to work a 5-
2, 5-2 work schedule as set forth in Article 7, Section 1 (D). Such employees shall receive the
above -named holidays off with pay and, in addition, shall receive one (1) additional personal
holiday to be taken at a mutually agreeable time. Provided further that when such employees work
on a holiday, they shall be paid at two (2) times their regular rate of pay for all hours worked on
said holiday, not the celebrated holiday. For employees working a 5-2 workweek, when a holiday
falls on an employee's regular off day, the holiday shall be celebrated on the nearest scheduled
workday. In addition, if Memorial Day or Labor Day falls on an employee's regular off day, the
holiday shall be celebrated on the preceding Saturday.
ARTICLE 10 -- VACATIONS
Section 1. All full-time employees shall be granted vacations with pay based upon the anniversary
date of their continuous employment as follows:
Years of Service Vacation Accrual Days
During the
1st year
2 weeks (10 workdays)
During the
2nd year
2 weeks (10 workdays)
During the
3rd year
2 weeks (10 workdays)
During the
4th year
2 weeks (10 workdays)
Beginning
5' year
3 weeks (15 workdays)
Beginning
6th year
3 weeks and one day (16 workdays)
Beginning
7th year
3 weeks and two days(17 workdays)
Beginning
8th year
3 weeks and three days (18 workdays)
Beginning
9th year
3 weeks and four days (19 workdays)
Beginning
loth year
4 weeks (20 workdays)
Beginning
161h year
4 weeks and one days (21 workdays)
Beginning
171h year
4 weeks and two days (22 workdays)
Beginning
181h year
4 weeks and three days (23 workdays)
Beginning
19th year
4 weeks and four days (24 workdays)
Beginning
201h year
5 weeks (25 workdays)
Hours - Bi-Weekly
80 3.08
80 3.08
80 3.08
80 3.08
120 4.62
128 4.93
136 5.24
144 5.54
152 5.85
160 6.16
168 6.46
176 6.77
184 7.08
192 7.38
200 7.70
For vacation accrual purposes, the hiring date of all employees shall be converted to the first day
of the month depending upon the actual date of hire (see below). The resulting date shall be used
to determine the amount of vacation time the employee is entitled to receive.
Hiring Vacation Anniversary Date
On or before the 16th day of the month 1st day of the month hired.
On or after the 17th day of the month 1st day of the following month.
Section 2. Employees, when separated from City employment, will be compensated at their
regular rate of pay for earned and unused vacation accumulated to their credit.
Section 3. On any anniversary date, the vacation bank may not exceed that year's total accrual
amount or it shall be lost. An employee may not elect to take vacation that exceeds the accrual
amount.
Section 4. Vacation choices shall be granted according to department seniority within each shift
or team. Vacation picks will commence one week after shift selection process is completed and
12 28
the Association is notified by the Administration. Each employee will be allowed three (3) days
from the last pick to make their choice of vacation or forfeit their seniority. A seniority list will
be posted and employees will be checked off as they complete their pick. It will be each
employee's responsibility to check the list for their time to pick.
Section 5. During the annual seniority vacation selection, the maximum vacation period which
may be requested shall be two (2) rotations as defined in Section 7. The Shift Commander shall
notify each shift of the approved vacation schedule as soon as the seniority vacation selection for
each shift has been completed. Additional vacation periods may be requested commencing three
(3) days after notification of the seniority vacation selection schedule. Such additional requests
shall be considered on a first -come first -served basis.
Section 6. The number of employees who are granted vacation on each shift shall be at the sole
discretion of the Chief in maintaining necessary staffing requirements. These staffing
requirements are not necessarily synonymous with the minimum manpower requirements of each
shift.
Section 7. The normal vacation period shall be defined as the number of days of vacation necessary
to vacation from a duty week of an employee's regular work schedule (i.e., four (4) or five (5)
days, depending upon the employee's regular work schedule under Article VII, Section 1. The
parties agree further that only once each year, employees will be allowed to combine their single
vacation days with compensatory days or floating holidays to provide for additional consecutive
paid time off. Such combination shall be subject to the approval of the Chief or his designee and
in keeping with the necessary staffing requirements.
Section 8. Unused vacation pay of deceased employees shall be payable to the surviving spouse
or estate.
Section 9. All vacation selection, once made, may not be cancelled, except in the event of an
emergency. The definition of emergency shall be understood to include lack of available
manpower to meet shift minimums. Vacations may be changed at the request of the officer with
the approval of the Chief. It is understood and agreed that the Chief shall not act in an arbitrary
and capricious manner.
ARTICLE 11 — UNIFORM MAINTENANCE AND WEAPON ALLOWANCE
Section 1. A uniform maintenance allowance of Five Hundred Dollars ($500.00) per year shall be
paid to each employee on the payday prior to the Thanksgiving holiday. This payment shall
include the footwear allowance. Partial payments shall be prorated on months of service.
Section 2. For calendar year 2023, a uniform replacement reimbursement of up to Three Hundred
and Fifty Dollars ($350.00) per year shall be available to each employee for purposes of replacing
damaged, worn, or outdated uniform pieces. For calendar year 2024 and thereafter, employees
shall be permitted to have two (2) short sleeve shirts, two (2) long sleeve shirts and two (2) pairs
of pants from the following uniform pieces replaced once per calendar year from a City -selected
vendor, with the costs of such uniform pieces to be paid for by the City:
Blauer #8675 (Mens S/S Supershirt)
Blauer #8670 (Mens L/S Supershirt)
13 29
Blauer #8372 (Mens S/S Armorskin Base Shirt)
Blauer #8371 Mens US Armorskin Base Shirt)
Blauer #8655T (Side -Pocket Polyester Pants)
Blauer #8675 (Womans S/S Supershirt)
Blauer #8670w (Womans US Supershirt)
Blauer #8372W (Womans S/S Armorskin Base Shirt)
Blauer #8371 W (Womans US Armorskin Base Shirt)
Blauer #8655WT (Womans Side -Pocket Polyester)
Section 3. In addition, the City will pay for the cost of any officer's personal items up to a
maximum of Three Hundred Dollars ($300.00) per item, damaged, destroyed, or lost while on
duty. If the payment for such item is paid by the City, and at some later date due to court action
an award for the damages is made directly to the officer, such award shall be turned over to the
City up to an amount equal to that which the City paid. The City shall replace or repair an officer's
duty weapon if damaged, destroyed or lost while on duty.
Section 4. The City shall provide up to an additional Four Hundred Fifty Dollars ($450.00) per
year for maintenance for clothing for members who are normally assigned to a plain -clothes
assignment. Such additional maintenance payment shall be prorated based on length of service in
a plain -clothes assignment. Such payment shall be paid to each employee covered by this section
on the payday prior to the Thanksgiving holiday.
Section 5.
A. For current officers, the City shall, upon the armorer deeming an officer's gun in need of
replacement, select up to a maximum of three officers in need of a gun replacement per
calendar year to issue a Gun Allowance of Two Hundred Fifty Dollars ($250.00) for
purposes of assisting such officers with replacement of their gun. Any officer, who
terminates employment during the first year after receiving any Gun Allowance under this
paragraph or is terminated while on probation, will reimburse the City for the $250.00 Gun
Allowance. Any officer who terminates employment or is terminated during the first two
to five years after receiving any Gun Allowance under this paragraph will reimburse the
City for one-half of the $250.00 Gun Allowance. The Muskego Police Department's
armorer will clean and inspect all handguns at least once per calendar year. Repairs caused
by routine wear will be paid for by the owner of the weapon. The City shall purchase a new
gun for each newly hired officer. The City shall select the gun to be purchased and retain
ownership over the gun.
B. In the near future, the City shall purchase new guns for all current officers who need a new,
City -owned gun to bring their gun into consistency with the Department -wide selected and
utilized gun. The City shall also retain ownership over such replacement guns.
Maintenance of City -owned guns will be paid for by the City. Once the City purchases the
Department -wide replacement guns, all officers shall adhere to this Section 5.B; until then,
all current officers with non -City -owned guns shall adhere to Section S.A.
Section 6. If an employee terminates prior to one (1) year of employment, fifty percent (50%) of
the cost of the uniforms provided shall be deducted from the employee's final paycheck. The
employee shall turn in the uniforms to the City on his last working day.
14 30
Section 7. Protective Body Armor. The City shall provide to all employees who make a request,
protective body armor, with the minimum standards of protection being a Class II vest. In addition,
the City shall replace these items within a five (5) year time frame. The City will provide an
allowance of up to eight hundred dollars ($800.00) for the cost of the vest, one additional carrier
and ballistic plates of the Officer's choosing if desired. Any cost resulting from a request by the
employee for additional items or a vest costing more than the allotted amount shall be borne by
the employee making the request. Said additional amount, up to two hundred dollars ($200.00),
may be taken from the Officer's annual uniform allowance.
ARTICLE 12 -- HEALTH AND WELFARE
Section 1. Life Insurance. The City shall obtain a term group life policy covering all department
personnel.
Employees will be enrolled in the Life Insurance program upon satisfactory completion of thirty
(30) calendar days of employment, wherein employees will be eligible to be enrolled in the Life
Insurance program on the first day of the following month. Effective March 1, 1998, the City
agrees to offer the Wisconsin Retirement Service basic policy.
Section 2. Health Insurance. The Employer shall provide hospital and surgical, major medical,
outpatient and diagnostic coverage during the term of this Agreement.
Section 3. Premium Co -payment. Prior to January 1, 2024, employees shall be required to
contribute the applicable monthly premium for health insurance as set forth in the Side Letter of
Agreement attached hereto.
As of January 1, 2024, employees shall be required to contribute twelve -percent (12.00%) of the
applicable monthly premium for health insurance. These deductions will be made by the City on
a pre-tax basis. The City may offer employees the opportunity to participate in a Health Risk
Assessment in exchange for a lower premium contribution. If a Health Risk Assessment is offered
by the City, the parties agree to bargain in good faith an applicable employee premium contribution
for employees who participate in the Assessment.
Section 4. Healthcare Reimbursement Account.
A. Participation in the City's health insurance program ceases at the earliest of the
following:
a. The employee -retiree's attainment of age sixty-five (65), and the
employee/retiree is eligible for Medicare.
b. The employee/retiree's death.
c. Expiration of the employee — retiree's or surviving spouse's COBRA rights.
B. On a quarterly basis, the City shall deposit to the health reimbursement account
maintained by the City the amount of money that would have been paid in longevity
for that year according to the following schedule:
$10.00 per month after 5 years of continuous employment.
15 31
$15.00 per month after 10 years of continuous employment.
$20.00 per month after 15 years of continuous employment.
$25.00 per month after 20 years of continuous employment.
$30.00 per month after 30 years of continuous employment.
Each year when the amount is deposited by the City, a printout shall be provided to
the Association identifying the contribution and the officer whose name the
contribution was made under.
C. On January 1, the City agrees to deposit into the health reimbursement account
maintained by the City the value of one sick day based on the top patrol wage rate for
each employee, with this day being subtracted from each employee's sick leave
account. For employees hired during the calendar year, they shall have a sick leave
day subtracted from their sick leave account on December 31 of that year, with the
value of the day being added to the fund.
D. The City of Muskego and the Muskego Police Association agree to participate in a
health reimbursement account maintained by the City in accordance with the terms
and conditions of the applicable financial institution's terms and conditions. The
Employer agrees to contribute to the plan on behalf of eligible employees of the
Muskego Police Association.
Employer contributions to the plan are based on the following:
Longevity /Health Insurance Pay pursuant to Article 12, Section 6, (B) of the
Collective Bargaining Agreement. This contribution shall be deposited into the
health reimbursement account maintained by the City.
Sick Day Contribution pursuant to Article 12, Section 6, (C) of the Collective
Bargaining Agreement. This contribution shall be deposited into the health
reimbursement account maintained by the City.
Sick Leave Incentive pursuant to Article 12, Section 6, (E), of the Collective
Bargaining Agreement. This contribution shall be deposited into the health
reimbursement account maintained by the City.
To reduce the administrative costs and participant fees, the City of Muskego also
agrees to participate in a 457 Deferred Compensation Plan maintained by the City.
E. Sick Leave Incentive — Employees who have reached the maximum sick leave accrual
level of 720 hours may place fifty (50%) percent of the value of any accumulated but
unused sick leave for the calendar year into the health reimbursement account
maintained by the City to a maximum of 24 hours. For each employee who, as of
December 31, has reached the maximum sick leave accrual of 720 hours, during the
ensuing calendar year the City shall place Five Dollars ($5.00) into the health
reimbursement account maintained by the City for each month the employee
continues to maintain the maximum sick leave accrual of 720 hours. An employee
must maintain the maximum sick leave accrual of 720 hours for an entire month to
be eligible for this benefit.
16 32
ARTICLE 13 -- PENSION
Section 1. Each employee shall be a participant of the Wisconsin State Retirement Plan as
provided by Wisconsin Statutes and Rules established by the Wisconsin retirement Fund Board.
The Employee will pay one hundred percent (100%) of the required employee contribution.
ARTICLE 14 -- SICK LEAVE
Section 1. All full-time employees shall earn and shall be granted sick leave with pay at the rate
of one day per month, accumulative to two thousand (2,000) hours. All employees hired after
O1/01/2015 shall have sick leave capped at 960 hours. Employees shall be credited with all sick
leave accrued prior to the effective date of the Agreement. Sick leave cannot be used until earned.
Section 2. Sick leave shall be granted to those employees who are unable to report to work due to
personal illness or injury or exposure to contagious disease.
Section 3. All sick leave credits shall be computed on a whole month basis per the following
formula regardless of date of appointment:
On or before the 16th -- 1 st day of the month
On the 17th or thereafter -- 1 st day of the following month
Section 4. When an insufficient sick leave balance remains to cover the absence of an employee,
the remainder shall be charged either to compensatory time, accumulated vacation or leave without
pay, at the employee's option.
Section 5. In the event that a paid holiday falls within the week or weeks when the employee is
on sick leave, such holiday will be charged as a paid holiday and not deducted from the employee's
accrued sick leave.
Section 6. While an employee is on paid sick leave, the accrual of sick leave benefits shall continue
during the period of convalescence. Sick leave shall not be accrued for laid off employees or
employees on leave of absences without pay that exceed twenty (20) working days. Employees
shall be allowed to use sick leave if they become ill while on vacation (a doctor's certificate or
other evidence to support this sickness may be required).
Section 7. Whenever an employee is laid off due to lack of work or funds, any accumulated sick
leave shall continue in effect if he is rehired.
Section 8. Use of Sick Leave Credits. If an employee is absent from work for any reason set forth
under Section 2 of this article and at such time has accumulated insufficient sick leave to cover the
time lost, the amount of time lost shall be deducted from current earnings of said employee,
provided, however, that from each month worked during such calendar year by said employee
during which no sick leave is taken, said employee shall be reimbursed for the time he had lost as
a consequence of the insufficient accumulation of sick leave.
Section 9. In order to be granted sick leave with pay, the department head or supervisor or
employee must adhere to the following:
17 33
A. Report the reason for absence from work promptly.
B. Keep the Employer informed on one's condition.
C. Permit Employer, at his own cost, to make such medical inquiry or visit as he may
determine necessary.
D. Submit a medical certificate for any absence of more than four (4) working days
certifying as to inability to work.
Section 10. Those employees hired after January 1, 1988 shall be entitled to pay, at their last base
rate, for any accumulated unused sick leave days up to a total of 720 hours. Upon termination,
employees hired after January 1, 2015 shall be entitled to pay at their base rate for any unused sick
days, at the following level:
Years of Service
% of Accumulated
Maximum
Under three (3)
0%
Three (3) — Nine (9)
25%
Ten (10) or more
50%
Section 11: Extended Leave:
In the event all leave time is exhausted for continued salary during an extended illness or other
medical condition, an employee may request one (1) additional paid leave per separate major
illness in accordance with the following schedule, which is based off an employee's length of
employment with the City:
Years of Service Maximum Paid Leave
One (1)
6
Two (2)
12
Three (3)
18
Four (4)
24
Five (5)
30
Six (6)
36
Seven (7)
42
Eight (8)
48
Nine (9)
54
Ten (10) or more
60
Section 12. In the case of the death of any employee, any accumulated sick leave days up to one
hundred twenty (120) days shall be paid to the beneficiary of the employee.
Section 13. Willful misuse of sick leave or the willful making of false reports regarding illness
may subject the employee to disciplinary action. Repeated misuse may be just cause for
suspension, demotion or discharge.
Section 14. Termination during the probationary period will result in no sick leave payout.
18 34
Section 15. The parties agree that the Chief may require mental or physical examinations of a
police officer, at the expense of the City, only where a reasonable basis for questioning physical
or mental fitness for duty has been demonstrated. The reasonable person standard shall apply
hereto and the Chief further agrees not to be arbitrary or capricious with respect to exercise of his
authority under this Section. In the event an officer elects an opinion by a doctor of his own
choosing, the City agrees to pay the cost of such exam not otherwise covered by insurance. The
parties agree further that only the Chief, Acting Chief in the event of a vacancy in the Chiefs
position, or the Police and Fire Commission may order such examination.
ARTICLE 15 — FUNERAL LEAVE
Section 1. In the event of the death of an employee's spouse, five (5) days leave of absence with
pay shall be granted. In the event of the death of a member of an employee's immediate family,
three (3) days leave of absence with pay shall be granted. In the event of funerals out of town
(more than 250 miles) an additional one (1) day of absence shall be granted.
Section 2. Immediate family is described as child, stepchild, adopted child, parents, stepparent,
grandparent, grandchild, brother and stepbrother, sister and stepsister, brother-in-law, sister-in-
law, of the employee or his spouse, and the spouse of any of the above children, or any person for
whom the employee is primary caregiver.
If the employee believes that additional bereavement days are necessary, that employee shall be
allowed to take reasonable sick leave for that purpose.
Section 3. In the event of the death of an aunt, uncle or first cousin of employee or employee's
spouse, one (1) day of absence with pay shall be granted. Verification must be given of death of
family member.
ARTICLE 16 -- PROBATIONARY PERIOD
Section 1. All newly hired employees shall be considered probationary for the first 365 days of
their employment, excluding any time spent in recruit school training. An additional 180 days
extension of the probationary period shall be allowed at the discretion of the Chief, with
notification given to the Association at the time of the extension. Employees sponsored by the City
of Muskego to attend recruit school training shall receive between 75% and 100% of the starting
pay until completion of recruit school training, with such percentage to be determined at the City's
discretion based upon the merits of the candidate.
Section 2. Continued employment beyond the first 365 days of employment or completion of an
extension of probation shall be evidence of satisfactory completion of probation and such
employee at that time shall be eligible for accrued benefits retroactive to the date of employment.
Section 3. A probationary employee may be terminated without regard for cause and without
recourse to the grievance procedure.
Section 4. New employees shall be eligible for paid holidays after one (1) month of employment.
New employees shall be eligible for health and life insurance benefits on the first day of the month
following the start of employment.
19 35
Section 5. Employees who have been promoted shall serve a one (1) year probationary period.
Employees not successfully completing their probationary period due to performance -based
reasons, or who at any time during or outside of the probationary period request a voluntary return
to the position they previously held, shall return to that position/rank with no loss of seniority and
without a right to a hearing before the Police & Fire Commission or any other hearing or
administrative body.
ARTICLE 17 -- SENIORITY
Section 1. It shall be the policy of the Employer to recognize seniority within rank and
classification as to layoff.
Section 2. The date an employee is employed or re-employed in a regular position will become
his initial date of continuous employment.
Section 3. Seniority for part-time employees shall be based upon the actual number of hours
worked (i.e., and employee working 20 hours per week shall accrue one-half (1 /2) of one (1)
month's seniority credit for each full calendar month worked.)
Section 4. The initial date of continuous employment will be used in all computations involving
length of service for contract -covered items such as seniority, vacation, sick leave, etc.
Section 5. The seniority date of an employee shall be the date of first continuous employment or
the latest date of continuous reemployment as the case may be.
Section 6. The seniority rights of an employee shall continue to accumulate during periods of
layoff, military leave, sick leave, leave of absence and when drawing Worker's Compensation.
Section 7. An employee shall lose his seniority rights for any of the following reasons:
A. When he retires.
B. If he is discharged for just cause.
C. If he is on layoff status for a period in excess of one (1) year.
D. Resignation. (Any employee absent for two (2) consecutive scheduled workdays
without notifying the Employer of the reason for absence and who has no legitimate
reason for being absent from work shall be considered as having resigned.)
E. Unexcused failure to return to work after the expiration of a vacation period, leave of
absence of period for which Worker's Compensation was paid or failing to report to
work within five (5) days after notice of recall from layoff.
ARTICLE 18 -- LAYOFF AND RECALL
Section 1. If a reduction in employed personnel becomes necessary, the least senior employee
shall be the first person laid off, provided that the remaining employees are capable and qualified
to perform the available work.
20 36
Section 2. The last person laid off shall be the first person recalled (if available and desires to
return.)
Section 3. All temporary or seasonal employees shall be laid off prior to a regular employee being
laid off.
Section 4. The seniority of an employee, who enters the bargaining unit from a position within
the City but outside of the bargaining unit, without break in continuous service, shall have seniority
rights as follows:
A. They shall retain all accrued seniority for the purpose of all fringe benefits (i.e., sick
leave, vacation, insurance, etc.) provided they meet all other requirements contained
in the applicable section of this Agreement.
B. They shall be considered new employees for the purpose of seniority in regard to
layoff, recall, job posting and vacation selection.
C. They shall be placed on the "Salary Schedule" as new employees and shall progress
based upon time in class.
ARTICLE 19 -- MANAGEMENT RIGHTS RESERVED
Section 1. Unless otherwise herein provided, the management of the work and the direction of the
working forces, including the right to hire, promote, demote, or suspend or otherwise discharge
for proper cause and the right to relieve employees from duty because of the lack of work or other
legitimate reason is vested in the Employer.
Section 2. If any action taken by the Employer is proven not to be justified, the employee shall
receive all wages and benefits due for such period of time involved in the matter.
Section 3. The Employer may adopt reasonable rules and amend the same from time to time.
ARTICLE 20 -- CONSTRUCTION OF AGREEMENT
Section 1. The Employer agrees that all conditions of employment pertaining to wages, hours of
work, and general working conditions shall be maintained at no less than the highest minimum
standards in effect at the time of the signing of this Agreement, unless otherwise agreed to in the
course of negotiations.
ARTICLE 21 -- NO STRIKE CLAUSE
Section 1. The Association agrees that for the duration of this Agreement, Association officers,
representatives or employees will not authorize, assist, support or engage in any strike, work
stoppage, slow -down, interruption of work or interference of operations of the Employer. In the
event of any strike, work stoppage, slow -down or interruption or impeding of work, the Employer
shall notify the Association thereof and the Association shall give notice to the employees involved
that they are in violation of this Agreement and should and such strike, work stoppage, walkout or
interruption impeding of work. Failure of the Association to give such notice to the employees
21 37
shall be considered in determining whether or not the Association authorized, assisted, supported
or engaged in such prohibited activity.
ARTICLE 22 -- CONDITION OF AGREEMENT
Section 1. This Agreement constitutes the entire Agreement between the parties, and no verbal
statement shall supersede any of its provisions.
Section 2. Each party agrees that the other shall not be obligated to bargain collectively with
respect to any subject or matter during the term of this Agreement whether or not such subject or
matter is referred to or covered in the Agreement.
Section 3. If any article of this Agreement or any additions thereto should beheld invalid by
operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement
of any Article or section should be enjoined or restrained by such tribunal, the remainder of the
Agreement and amendments thereto shall not be affected thereby, and the parties hereto shall enter
into immediate collective bargaining negotiations for the purpose of arriving at a mutually
satisfactory replacement for such Article or section.
ARTICLE 23 — PERSONNEL FILES
Section 1. All training certificates or diplomas earned in schools or training that officers attend on
their own time will be placed in their personnel files unless the Chief, after notice to the employee,
determines such inclusion is not in the best interests of the City.
ARTICLE 24 — CANINE OFFICER
Section 1. Should the Department create or maintain the duty assignment of Canine Officer, it
may be eliminated anytime at the discretion of the Chief of Police. The selection of and the
continued service of a Canine Officer is at the discretion of the Chief of Police. Canine Officers
agree to serve in his/her assignment for the duration of the service life of the canine assigned.
Section 2. Canine Officers will provide daily care, grooming, and exercise of his/her canine.
Furthermore, Canine Officers must house/kennel the canine at the Officer's residence. Housing
and kenneling is subject to periodic inspection by the Department.
Section 3. The Employer will provide, at no cost to the Canine Officer, the following:
a. The purchase and training of the canine;
b. Complete veterinary care of the canine;
c. Appropriate food supplies;
d. Necessary grooming equipment and supplies;
e. Necessary training equipment and supplies;
f. An outdoor kennel at the Officer's residence, if it is determined the canine will be
housed outside.
g. Kenneling of the canine while the Officer is on vacation, out of town or otherwise
unable to care for the canine.
Section 4. Canine Officers shall be responsible for costs associated with change of residence, i.e.
kennel/dog house relocation.
22 38
Section 5. Canine Officer's hours/shifts and regular off day schedule will be created and assigned
by the Chief of Police on an annual basis and are not subject to seniority or any selection process.
Section 6. Canine Officer will be furnished with a police vehicle for commuting to/from work.
No personal use of the vehicle is authorized.
Section 7. Canine Officer will receive "Specialist Pay" as described in the current bargaining
agreement and receive an additional 6 hours of compensatory time off per month, in order to
compensate for the daily (both work and non -work days)/routine care, feeding and grooming of
the canine.
Section 8. Regular veterinarian visits will be done on duty time with no overtime authorized.
Section 9. Canine Officers, when qualified, may participate in the promotional process. If a
Canine Officer is promoted, s/he will remain a Canine Officer for the assigned canine until the
canine's retirement, after which the Officer will not be assigned another canine.
Section 10. In the event a Field Training Officer becomes a Canine Officer, s/he will not be
assigned field training duties while responsible for the canine.
Section 11. Upon retirement or removal of the canine, subject to the approval of Police Chief and
at the written request of the Canine Officer, the Canine Officer will be given sole ownership of the
canine and shall assume total responsibility for all costs relating to ownership of the canine.
ARTICLE 25 — SCHOOL DISTRICT OVERTIME
Section 1. On Duty Muskego Police Officers will be utilized for School functions.
Section 2. Officers working at these functions will work outside of their normal duty hours, but
will be in full duty uniform.
Section 3. Should arrests occur that cannot be handled by on -duty officers working their normal
shift, the school function officer making the arrest will complete the assignment at the overtime
rate of pay for any hours in excess of the scheduled event.
Section 4. SROs shall be provided right of first refusal for any School District overtime. If
overtime still exists after it is offered to the SROs, then hours worked for the School District shall
be distributed as evenly as possible between those who sign up for the functions.
Section 5. These hours will be posted within the Department on a separate sign-up sheet providing
as much advance notice as possible. The hours earned will be separate from all other contractual
overtime as allowed under the Special Duty exception to the FLSA, and be calculated from the
start to the end of the school year.
23 39
ARTICLE 26 — TERMINATION
This Agreement shall become effective January 1, 2023 and shall remain in full force and effect
until and including December 31, 2025, and shall be automatically renewed from year to year
thereafter unless negotiations are initiated by either party prior to October 1, 2025, or any first of
October of any effective year of the Agreement thereafter.
IN WITNESS WHEREOF, the parties hereto have executed the Agreement on this
day of , 2023.
CITY OF MUSKEGO
Rick Petfalski, Mayor
MUSKEGO POLICE ASSOCIATION
By:
By:
By:
By:
24 40
APPENDIX `A'
WAGE SCALE
City of Muskego Police
Bi-weekly wage scale
Effective Pavroll 01/01/2023 (1%
Start
1 Year
Patrol Officer
$2,419.20
$2,670.20
(Annual)
($62,899)
($69,425)
Specialists
$3,307.80
(Annual-$86,005)
(SRO/CRO/Drug Unit/Canine Officer)
Detective
$3,389.37
(Annual-$88,124)
Effective Pavroll 07/02/2023 (3%
Start
1 Year
Patrol Officer
$2,491.78
$2,750.31
(Annual)
($64,786)
($71,508)
Specialists
$3,407.11
(Annual-$88,585)
(SRO/CRO/Drug Unit/Canine Officer)
Detective
$3,491.05
(Annual-$90,767)
Effective Pavroll 01/01/2024 (2%
Start
1 Year
Patrol Officer
$2,541.62
$2,805.32
(Annual)
($66,082)
($72,938)
Specialists
$3,475.25
(Annual-$90,357)
(SRO/CRO/Drug Unit/Canine Officer)
Detective
$3,560.87
(Annual-$92,583)
2 Year
3 Year
5 Year
$2,852.80
$3,039.83
$3,131.87
($74,173)
($79,035)
($81,429)
2 Year
3 Year
5 Year
$2,938.38
$3,131.02
$3,225.83
($76,398)
($81,407)
($83,872)
2 Year
3 Year
5 Year
$2,997.15
$3,193.64
$3,290.35
($77,926)
($83,035)
($85,549)
25 41
APPENDIX `A'
WAGE SCALE
City of Muskego Police
Bi-weekly wage scale
(Continued)
Effective Payroll 06/30/2024 (2%)
Start 1 Year
Patrol Officer $2,592.45 $2,861.43
(Annual) ($67,404) ($74,397)
Specialists $3,544.76 (Annual-$92,164)
(SRO/CRO/Drug Unit/Canine Officer)
Detective $3,632.09 (Annual-$94,434)
Effective Pavroll 01/01/2025 (2%
Start
1 Year
Patrol Officer
$2,644.30
$2,918.66
(Annual)
($68,752)
($75,885)
Specialists
$3,615.66
(Annual-$94,007)
(SRO/CRO/Drug Unit/Canine Officer)
Detective
$3,704.73
(Annual-$96,323)
Effective Pavroll 06/29/2025 (2%
Start
1 Year
Patrol Officer
$2,697.19
$2,977.03
(Annual)
($70,127)
($77,403)
Specialists
$3,687.97
(Annual-$95,887)
(SRO/CRO/Drug Unit/Canine Officer)
Detective
$3,778.82
(Annual-$98,249)
2 Year
3 Year
5 Year
$3,057.09
$3,257.51
$3,356.16
($79,484)
($84,695)
($87,260)
2 Year
3 Year
5 Year
$3,118.23
$3,322.66
$3,423.28
($81,074)
($86,389)
($89,005)
2 Year
3 Year
5 Year
$3,180.59
$3,389.11
$3,491.75
($82,695)
($88,117)
($90,785)
26 42
SIDE LETTER OF AGREEMENT ON HEALTH INSURANCE
The City will provide health insurance for all bargaining unit members of the same plan design,
and consistent with the health insurance provided uniformly to all other City employees excluding
any differences bargained and included in the Collective Bargaining Agreement. If this side letter
is later determined to be a prohibited subject of bargaining this will represent the non -binding
intent of the City.
FOR THE CITY OF MUSKEGO FOR THE ASSOCIATION
27 43
SIDE LETTER OF AGREEMENT ON STUDY COMMITTEE
The parties agree to create a Study Committee made up of representatives of the Association and
Management to consider a Fitness Program as part of the City-wide Wellness Program under the
Employee Handbook. The Committee may make recommendations for creating such a program
during the term of this contract, but no program covering represented employees will be adopted
without the mutual consent of the parties.
FOR THE CITY OF MUSKEGO FOR THE ASSOCIATION
28 44
SIDE LETTER OF AGREEMENT BETWEEN
CITY OF MUSKEGO AND
CITY OF MUSKEGO POLICE ASSOCIATION
2023 EMPLOYEE HEALTH INSURANCE PREMIUM CONTRIBUTIONS
WHEREAS, the City of Muskego (the "City") and the City of Muskego Police Association
(the "Association") are parties to a 2023-2025 Collective Bargaining Agreement (the "CBA"); and
WHEREAS, the parties desire, through this Side Letter of Agreement, to memorialize the
employee contributions for applicable health insurance premiums during calendar year 2023; and
WHEREAS, the parties desire to confirm the Association's waiver, with prejudice, of any
potential claim or grievance over employee premium contributions applied to employees or made
by employees prior to the execution of this Side Letter of Agreement.
NOW THEREFORE, the City and the Association, agree as follow:
Term and Termination of Side Letter. This Side Letter of Agreement shall remain in
effect from the date of execution through December 31, 2023, unless the parties mutually
agree to extend the terms of this Side Letter in writing prior thereto. Once terminated, the
parties agree to follow the express terms of the CBA with respect to employee premium
contributions for City -provided health insurance.
2. Employee Premium Contributions for Calendar Year 2023.
a. Between January 1, 2023 and December 31, 2023, employees shall continue to
contribute the same applicable monthly premium for health insurance that each
employee was responsible for during calendar year 2022; however, a contribution
rate of 12% will be applied to new participants and those employees with eligible
plan changes.
3. Waiver of Claims and Grievances Related to Prior Applied or Paid Employee Health
Insurance Contributions.
By entering into this Side Letter of Agreement, all full-time officers understand and
agree they are clearly and unmistakably waiving, with preiudice, any and all rights they
may have under the CBA, the Wisconsin Statutes, or any other local, state, or federal
regulation or law to pursue a grievance or claim regarding any employee contribution
applied to or paid by a full-time officer prior to the full and final execution of this Side
Letter ofAgreement.
4. Governing Nature. All other terms and conditions of the parties' CBA shall apply. If
there are conflicts between the Collective Bargaining Agreement and this Side Letter, the
terms of this Side Letter shall govern.
29 45
Dated at Muskego, Wisconsin this day of 2023.
City of Muskego
Mayor Rick Petfalski
City of Muskego Police Association
Association President Bill Jones
30
46
APPROVED
CITY OF MUSKEGO
FINANCE COMMITTEE MINUTES
August 15, 2023
5:30 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Petfalski called the meeting to order at 5:30 pm.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
1, u�c4 W
SKEGO
Present: Alderperson Schroeder, Alderperson Madden
Absent: Alderperson Wolfe
Also present: Alderpersons Hammel, Terrence, Kapusta, Kubacki; City Attorney Warchol, Public Works
and Development Director Kroeger, Finance & Administrative Director Mueller, Assistant Finance &
Administrative Director Mustapich, Public Works Superintendent Beilfuss, Utilities Superintendent
Bourdo, Recreation Program Manager Dunn, Information Technologies Director Loudon, Chief
Westphal, Captain Fons, City Clerk Roller
PUBLIC MEETING NOTICE
City Clerk Roller stated that the meeting was noticed in accordance with the open meeting law.
APPROVAL OF MINUTES
Finance Committee Meeting Minutes - July 25, 2023
FCM.2023.07.25 DRAFT.docx
Moved by Alderperson Madden; seconded by Alderperson Schroeder to Approve.
Motion Passed: 2 - 0
Voting For: Alderperson Schroeder, Alderperson Madden
Voting Against: None
NEW BUSINESS
Recommend Approval of Revisions to the Municipal Ordinance Deposit and Forfeiture Schedule
Municipal Deposit Forfeiture Schedule.pdf
Moved by Alderperson Madden; seconded by Alderperson Schroeder to Approve. Motion Passed:
2-0
Voting For: Alderperson Schroeder, Alderperson Madden
Voting Against: None
Recommend Approval of Dedication of Public Improvements for S101W13704 Loomis Drive
Finance Memo - S101 W13704 Loomis Drive Public Infrastructure Dedication.docx Blixt request for
dedication.pdf
Moved by Alderperson Madden; seconded by Alderperson Schroeder to Approve. Motion Passed:
2-0
Voting For: Alderperson Schroeder, Alderperson Madden
Voting Against: None
El VA
Finance Committee Meeting Minutes —August 15, 2023 Page 12
VOUCHER APPROVAL
Recommend Approval of Utility Vouchers in the amount of $379,788.40.
Moved by Alderperson Madden; seconded by Alderperson Schroeder to Approve. Motion Passed:
2-0
Voting For: Alderperson Schroeder, Alderperson Madden
Voting Against: None
Recommend Approval of Tax Vouchers in the amount of $16,218.00.
Moved by Alderperson Madden; seconded by Alderperson Schroeder to Approve. Motion Passed:
2-0
Voting For: Alderperson Schroeder, Alderperson Madden
Voting Against: None
Recommend Approval of General Fund Vouchers in the amount of $552,079.37.
Moved by Alderperson Madden; seconded by Alderperson Schroeder to Approve. Motion Passed:
2-0
Voting For: Alderperson Schroeder, Alderperson Madden
Voting Against: None
Recommend Approval of Wire Transfers for Payroll/Invoice Transmittals in the amount of $392,153.13.
Moved by Alderperson Madden; seconded by Alderperson Schroeder to Approve. Motion Passed:
2-0
Voting For: Alderperson Schroeder, Alderperson Madden
Voting Against: None
Vouchers - Total Sheet 23.08.15.pdf
Vouchers - Alpha Report.pdf
FINANCE DIRECTOR'S REPORT
None/No action taken.
COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW
None/No action taken.
ADJOURNMENT
Moved by Alderperson Madden; seconded by Alderperson Schroeder to Adjourn at 5:34 pm.
Motion Passed: 2 - 0
Voting For: Alderperson Schroeder, Alderperson Madden
Voting Against: None
Minutes recorded and transcribed by City Clerk Roller.
48
CITY OF MUSKEGO
COMMITTEE OF THE WHOLE MINUTES
August 15, 2023
5:30 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Petfalski called the meeting to order at 5:34 p.m.
ROLL CALL
APPROVED
z C4
SKEGO
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, Finance &
Administrative Director Mueller, Assistant Finance & Administrative Director Mustapich, Public Works
Superintendent Beilfuss, Utilities Superintendent Bourdo, Recreation Program Manager Dunn,
Information Technologies Director Loudon, Chief Westphal, Captain Fons, City Clerk Roller; Library
Director Larson arrived at 5:56pm.
STATEMENT OF PUBLIC NOTICE
City Clerk Roller stated that the meeting was noticed in accordance with the open meeting law.
APPROVAL OF AGENDA
Moved by Alderperson Kubacki; seconded by Alderperson Schroeder to Approve.
Motion Passed: 6 - 0
Voting For: Alderperson Hammel, Alderperson Terrence, Alderperson Kapusta, Alderperson Schroeder,
Alderperson Kubacki, Alderperson Madden
Voting Against: None
APPROVAL OF MINUTES
Approval of Committee of the Whole Meeting Minutes - July 27, 2023
COWM.2023.07.25 Draft.docx
Moved by Alderperson Madden; seconded by Alderperson Hammel to Approve.
Motion Passed: 6 - 0
Voting For: Alderperson Hammel, Alderperson Terrence, Alderperson Kapusta, Alderperson
Schroeder, Alderperson Kubacki, Alderperson Madden
Voting Against: None
NEW BUSINESS
2024 Capital Projects Fund Budgets:
Public Works and Development Divisions
1. Special Revenue Funds - Park Dedication (Pages 73-74). Mr. Kroeger, Mr. Beilfuss, and Ms. Dunn
presented the requests.
Project Name
Expenditure
Parks Projects — All Fields
• Baseball: Park Arthur Field Turf Care Field 1, 2 & 3
$9,000
• Park Arthur Field 4 Safety Improvements
$5,000
• Horn Field Safety improvements
$7,000
• Baseball: Jensen Field Safety Improvements
$3,000
• Baseball: Kurth Field Safety Improvements
$4,500
• Baseball: Denoon Field Safety Improvements
$4,000
49
Committee of the Whole Meeting Minutes — August 15, 2023 Page 12
Project Name
Expenditure
Parks Projects — All Fields continued
• Baseball: Bluhm Field Safety Improvements
$9,000
• Rugby Field: Bluhm Safety Improvements
$2,500
• Soccer Field: Safety Improvements
$5,000
• Football Field: Safety Improvements
$5,000
Parks — Tennis Court / Pickleball
• Freedom Square *see notes below
$130,000
• Lee Hubka Basketball Court Fence
$50,000
• Lion's Park — Pickleball Asphalt Pad Replacement 2 Courts
$35,000
Dog Park
• Yearly Maintenance
$2,000
Bike Racks
• Veterans and Old Town Hall New LED Light poles
$50,000
Playgrounds Sets
• Misc. Playground Replacement Equipment
$10,000
• Wood Chips for all Playgrounds
$10,000
Boat Ramps
• Idle Isle Concrete Boat Rams
$150,000
• Boxhorn Dredging
$115,000
Future Trails
• Martin Drive Lannon Drive to Oakhill Trail **see notes below
$83,500
Park Structures & Lots
• Moorland Park — Pavilion with Bathrooms (water & sewer hookup) ***see notes below
$250,000
TOTAL
$939,500
Notes
* Tennis Court / Pickelball at Freedom Square: Ald. Kubacki suggested to hold
** Future Trails at Martin Drive: Remove
*** Moorland Park Pavilion with bathrooms: Move to next year
Consensus: 6 in favor
COW in recess at 6:12 pm; reconvened at 6:17 pm.
2. Water Utility (Pages 59-62). Mr. Kroeger and Mr. Bourdo presented the requests.
Project Name
Expenditure
Meters
$200,000
Truck (Water & Sewer)
$23,000
Well Rehab #9
$100,000
Asphalt, Concrete & Storm Sewer — Mercury Bldg
$22,500
TOTAL
$345,500
Consensus: 6 in favor
3. Sewer Utility (Pages 67-70). Mr. Kroeger and Mr. Bourdo presented the requests.
Project Name
Expenditure
Private Property I & I MMSD Funding)
$250,000
Truck (Water & Sewer)
$23,000
Lift Station Upgrade
$161,000
Asphalt, Concrete & Storm Sewer — Mercury Bldg
$22,500
TOTAL
$456,500
Consensus: 6 in favor
50
Committee of the Whole Meeting Minutes — August 15, 2023 Page 13
4. Department of Public Works (Pages 49-55). Mr. Kroeger and Mr. Beilfuss presented the requests.
Project Name
Expenditure
Pickup Truck Replacement
$80,000
Small Equipment
$5,000
Plow Truck
$275,000
Mini Excavator
$100,000
Asphalt, Concrete & Storm Sewer — Mercury Bldg
$45,000
Steamer / Jetter
$50,500
Portable Message Board Sin
$25,000
TOTAL
$580,500
Consensus: 6 in favor
5. Plan Division / Conservation (Pages 44 & 71). Mr. Kroeger and Mr. Beilfuss presented the
requests.
Project Name
Expenditure
Plan Division
• Light Pole — Painting
$60,000
Conservation
• 5-Year Plan
$50,000
TOTAL
$110,000
Consensus: 6 in favor
6. Engineering / Building (Pages 46, 42-43). Mr. Kroeger presented the requests.
Project Name
Expenditure
Engineering Division
• Hillendale Drive
$2,000,000
Building Division
• New Flag Pole *see notes below
$50,000
• Barn Doors — Historical Society
$9,200
TOTAL
$2,590,200
Consensus: 6 in favor
Notes
* New Flag Pole — Remove
2024-2028 Capital Budget DRAFT.pdf
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
None / No action taken.
ADJOURNMENT
Moved by Alderperson Madden; seconded by Alderperson Kubacki to Adjourn at 6:59 pm. Motion
Passed: 6 - 0
Voting For: Alderperson Hammel, Alderperson Terrence, Alderperson Kapusta, Alderperson Schroeder,
Alderperson Kubacki, Alderperson Madden
Voting Against: None
Minutes transcribed and recorded by City Clerk Roller.
51
APPROVED
CITY OF MUSKEGO
PLAN COMMISSION MINUTES Cry of
06/ 6:0USKEGO
6:00 PMM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Petfalski called the meeting to order at 6:00 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Mayor Petfalski, Alderman Kubacki, Commissioners Bartlett, Gazzana and Graf and Planner
Trzebiatowski.
Absent: Commissioners Oliver, Buckmaster.
STATEMENT OF PUBLIC NOTICE
The meeting was noticed in accordance with the open meeting laws.
APPROVAL OF THE MINUTES
Approval of the Minutes of the May 2, 2023 meeting.
Alderman Kubacki made a motion to approve the May 2, 2023 minutes. Commissioner Gazzana seconded.
Motion to approve passed unanimously.
PUBLIC HEARING
PUBLIC HEARING for a Conditional Use Grant in accordance with the Muskego Zoning
Ordinance for the purpose of allowing existing accessory structures to be deemed Rustic
Structures on the Hrin property located at S99 W20523 Parker Drive / Tax Key No.
2280.999.021.
Planner Trzebiatowski provided an overview of the proposed Conditional Use Grant. The petitioner is
requesting that two of the existing barns on his property be deemed a Rustic Structure. As part of a recent
land division for seven total lots, six new lots and the seventh being the existing farmhouse and farm buildings.
The main barn consists of four attached buildings and is 8,223 square feet and the garage/grain house is 656
square feet are being considered for Rustic Structure status. The eastern barn is 3,797 square feet and a 319
square foot shed are also on the property. The total accessory structures on the site is currently 12,995
square feet. Based on the size of the new lot being 4.8 acres using the 2% limit, the petitioner would be
allowed 4,196 square feet of accessory structures exceeding the total allowable square footage of accessory
structures by 8,798.8 square feet. The petitioner is asking for the first two buildings being the main barn and
the grain house be deemed Rustic Structures. There is a provision in the Code that allows for a rustic
structure designation to preserve old barns within the City if they are in good condition. The petitioner brought
the request before the Parks and Conservation Committee in April and they voted 4-1 in favor of deeming the
two buildings rustic structures. There have been a few buildings designated as Rustic Structures in the past.
52
The building inspectors have visited the structures recently and found that overall the buildings do seem safe
with no structural concerns, but just a few minor issues that would need to be addressed.
Herald De Back, W198 S10955-57 Racine Ave., stated that he's been in Muskego for 92 years old and
believes the barn in is excellent condition and is used for agriculture and is needed to keep family agriculture
operation in Muskego. It helps the community remember what made the city so great. The property is kept
looking good. It would be a sin to make someone tear a barn down that is in excellent condition.
George Petropoulos, S102 W20540 Kelsey Drive, would like the Plan Commission to not grant the Rustic
Structure status. Bryon has known from the beginning that he was over on square footage of accessory
structures. He lives behind this property and continues to farm his property. He heard the farmer is no longer
going to be using this property. He and several of the neighbors are opposed to this. The farm is updated and
is not historical. There are other farms and barns in better condition in the City. He is not against farming as
he farms. He feels deeply that this should be denied and not allowed to stay. Rules are rules. He has a
4,000 sq. ft. outbuilding and followed the rules. It is not fair or right. Everyone should need to follow the rules.
Looking at the whole project, with ten new lots which could be 10 pole barns and then the farm. Would much
rather keep the farm than the houses. If the petitioner wants to keep the farm that way then get rid of a couple
lots. If the rule is 2% than keep the 2% rule for everyone. Otherwise, he will come back to the Plan
Commission to break the rules.
Vance Sormankiewicz, S98 W20760 Parker Drive, Live across the street from the property. Moved out to the
area as they like the farm feel. They have a smaller lot and wake up and see the barn every day. Has been in
the barn and has seen the large timbers. He and his family don't see a reason to tear the barn down with the
condition the barn is in. Seems well kept.
Dale Butenhof, S98 W20620 Parker Drive, Lives directly across the street from the barns. When they moved
in two years ago and like the farm feel country living -type atmosphere. The barns give them that and like
looking at them. They have no problem with the barns being there.
Butch Haita, S98 W21184 Parker Drive, Believes the barns are in excellent condition and would be a sin to
tear them down. Barns like that are far and few between. He grew up in front of a farm and always dreamed
of owning a barn like that with animals. Bryon takes care of the buildings and property and thinks the barn
should stay. Doesn't believe people have the right to judge people by what they have and if he wants the
barns he should have them. It also adds to the rural area.
Planner Trzebiatowski noted that there was a list of signatures received from the applicant of people in favor.
Bryon Hrin, S99 W20523 Parker Drive, He is the petitioner and owns the barns. He cares very much about his
property and the history of the property. The barn shows the history of agriculture and dairy cows. There
including the stanchions, grain houses, old milk house, new milk house, grain house. They all tell the story. If
you take half of them down it rips apart the story. He has done everything he can since he's been there. The
past Mayor Salentine grew up on the farm. When he bought the farm the barns needed some work. The
barns will be used for agriculture. The barns are all in functional condition. When the inspectors were there,
he told them about a couple rotted boards. Hoping he can put new wood on it. The big barn has a new roof
and continues to improve the barns when possible. It is over the square footage and when it goes into rustic
structure category it has historical significance. The past owner shared many stories with the petitioner
providing history of the farm. The buildings are over the limit and he understands the 2% rule and when they
are rustic structures, they should be allowed to be over the limit, but if the buildings qualify and there is good
reasoning. It shows the materials being used, the original wood is there. There are actual tree trunks split in
half with from the 1800's with the bark still there. That portion of the barn there are no nails as it is all dowels
and pins. Once it is down it is gone. He would like his daughter or son to take over and use the buildings.
The buildings are strong, decent, show the historic value and they have the historic materials and believes
they qualify for rustic structures. There is the one big barn, but all the pieces tell the story.
Public Hearing closed at 6:23 pm.
CONSENT BUSINESS
53
RESOLUTION PC 041-2023 Approval of the sale of Fireworks for TNT Fireworks at Wal-
Mart located at W 159 S6530 Moorland Road / Tax Key No. 2169.999.003.
RESOLUTION PC 042-2023 Approval of the sale of Fireworks for TNT Fireworks at Pick-n-
Save located at S74 W 17005 Janesville Road / Tax Key No. 2199.999.065.
RESOLUTION PC 043-2023 Approval of a third Accessory Structure for Trevor Bach located
at W 182 S6578 Garnet Drive / Tax Key No. 2174.948.001.
RESOLUTION PC 044-2023 Approval of a Metal Accessory Building for Ronald Graham located
at W 156 S7984 Audrey Court / Tax Key No. 2217.999.010.
Commissioner Bartlett made a motion to approve the consent business engross. Alderman Kubacki
seconded. Motion to approve passed unanimously.
OLD BUSINESS FOR CONSIDERATION
NEW BUSINESS FOR CONSIDERATION
RESOLUTION PC 033-2023 Approval of a Rustic Structure designation for Bryon Hrin located
at S99 W20523 Parker Drive / Tax Key No. 2280.999.021.
Planner Trzebiatowski noted that rustic structure is subjective and the Plan Commission must decide if the
definition is met. Options could be approving as proposed being the two rustic structures and two non -rustic
structures, an option of a hybrid being some rustic some not rustic or any other option the Plan Commission
finds.
Alderman Kubacki said his understanding is that rustic structures have been over the 2% rule, but historically
rustic structures were approved that were over only a fractional amount. Planner Trzebiatowski did not have
exact numbers, but recalled they were not hundreds of percent over and maybe a few percent. Also, past due
diligence prior to the Park and Conservation meeting he recalled that maybe it would have been only the rustic
structure without any more accessory structures being over the 2% and being approved. And another case
where there was a small accessory structure and the building to be deemed rustic structure put the number
over 2%. This is the first case being recalled where there are multiple buildings being asked to be rustic
structure and multiple buildings remaining. The code does not limit the number of buildings being deemed
rustic structure.
Alderman Kubacki then asked that when the property was divided, he was aware at that time that there was
an excess amount of buildings on this site. Planner Trzebiatowski confirmed that from when the land was
divided he knew that he had one year to either remove the buildings or try to have the rustic structure
designation approved.
Alderman Kubacki asked how many lots were created. Planner Trzebiatowski said seven lots recently with six
new buildable lots and four more roughly ten years ago, but the same property that the petitioner owned.
Alderman Kubacki said that rather than this being a farm parcel, this is a subdivision with large lots.
Commissioner Gazzana then said if the buildings are razed, there could still be ten outbuildings and ten
homes. Planner Trzebiatowski said that there are seven vacant lots and they could each have a house with
associated outbuilding. Commissioner Gazzana then asked if the buildings are deemed rustic structure there
could still be the houses and outbulidings. Planner Trzebiatowski confirmed that any rustic structure
designation does not affect the other lots.
54
Commissioner Graf asked if each of the new lots were adjacent to this property. Commissioner Graf said that
there was a huge assumption made at that point made. He had two choices to either gain advantage for the
buildings or remove them. So he was fully aware of that scenario when he subdivided the property. He has
really exercised the decision at that point to maximize the number of lots to sell rather than retaining 14 acres
and guaranteeing the buildings can stay regardless of the Plan Commission decision. So he was putting the
buildings up for grabs at that point and now he wants a statement from the Plan Commission later. He loves
the old styles and architecture. The City is not going to appreciate one way or another how the buildings were
built, unless it is a museum piece no one will know. It is great it is still a functioning farm and its great that they
are maintained but ultimately, it is not a farm anymore and they are outbuildings.
Alderman Kubacki said he could see exceeding the guidelines by 20-25%, but this seems excessive.
Commissioner Gazzana noted that there are 39 signatures of effected people that would like to see the
buildings up in the community and that says a lot. He is in the building trade and only does new stuff and likes
to see older buildings and so do 39 other people. Alderman Kubacki understands that but also looks at the
history and the buildings were on the line when the decision was made to subdivide the property.
Mayor Petfalski and Planner Trzebiatowski went through all of the buildings on the property. Mayor Petfalski
asked if the two being asked to keep by right if they were newer than the other buildings. Planner
Trzebiatowski deciphered the request as to which buildings are being requested rustic structure designation
and which buildings are just being left as allowed by right.
Mayor Petfalski said that he does not like tearing down old barns as there are not new barns being built and
likes the history of them. He understands the compactness and choices made on this lot. Kind of wondering
the two that are allowed by right, 1967 is not historic. Alderman Kubacki also said that the main barn is not the
old building that was once built. It is a newer building now.
Alderman Kubacki asked if this was brought into compliance, which buildings could remain. Planner
Trzebiatowski said that if the rustic structure designation was not granted, the property would be allowed a
maximum of 4,196 square feet, or essentially the two structures allowed by right that combine to be just over
4,100 square feet. The petitioner could choose which buildings or portions of buildings with a maximum of
4,196 square feet.
Alderman Kubacki noted that these buildings will not become tourist attractions. Because that parcel has
been broken into several lots, what is the use of the buildings. Are they going to be storage units? Planner
Trzebiatowski noted that in the Resolution the buildings cannot be used for any business use or business
storage.
Mayor Petfalski confirmed that this is a Conditional Use that is permanent. Planner Trzebiatowski said that
there could be an annual review, which has been done on a other rustic structures because there was some
work that needed to be completed. Because it is a Conditional Use, there can be reasonable conditions
placed on the approval.
Commissioner Graf discussed the photos in the packet. He asked what it is used for now. The petitioner said
there are cows in there now. There are also some personal belongings stored in there also.
Commissioner Gazzana said that he doesn't see this as a tourist attraction. Thinks it does add to the culture
of the community.
61.1
Commissioner Graf asked if there was a sign or anything to state that the barn was built in 1890. Asked the
petitioner if there is anything that prevents the petitioner from doing that. The petitioner said he would love to
do something like that. Commissioner Graf likes the architecture. The petitioner has to sell the idea to the
Plan Commission but if he took his son to see the barn he wouldn't understand or know about the history of
the building. How would anyone know? Petitioner Hrin said he would love to show it.
Commissioner Bartlett said he is on the fence. He understands the historic preservation part but there hasn't
been a very strong plan presented regarded what the historic preservation and long-term plan will be more
than that it's an old barn and wants to keep it. If it was an agri-hood it would be a cool use. An agri-hood is a
residential subdivision built around a mini -farm. There is one in Mukwonago and thinks the residents in
Muskego would support. The barns would be on an outlot for the rest of the development. Right now, he
would definitely want to put timeline contingencies and with barns degrading thinks there and 15 or 20-years
down the road and the complaints starts. Leaning towards needing a better plan or strong contingencies.
Mayor Petfalski said the historical significance is gone but new barns are not being built. There are way too
many outbuildings on the property overall. Could be sold on keeping the barn but getting rid of the other
structures. Agrees with timeframes. As an example, there is a feed store that has been bought that has
brought a rodent problem. The Conditional Use goes with the property so the Commission has to look long
term for the next property owner as well.
Commissioner Graf proposed an option to defer and ask the petitioner to come back with a new plan since the
square footage is over by so much. Also, he should show in some way some historical significance so
everyone can agree that the Commission is saving an old building with posterity recognized for the City.
Alderman Kubacki made a motion to approve Resolution PC 033-2023. Commissioner Graf seconded.
Commissioner Graf made a motion to defer Resolution. Commissioner Gazzana seconded. Resolution PC
033-2023 was deferred unanimously.
RESOLUTION PC 034-2023 Recommendation to Common Council to amend the Zoning Map
and 2020 Comprehensive Plan of the City of Muskego for PJs Trucking 2, LLC. located at S99
W12707 Loomis Drive / Tax Key No. 2260.998.002.
Planner Trzebiatowski noted that this was in front of the Common Council last meeting for a public hearing to
change the zoning from a commercial zoning to a light industrial zoning for a trucking site. The trucking will be
behind Durham Hill Nursery and it will be a gravel area for truck parking. While this area isn't zoned for
industrial it has been planned for industrial uses near the landfill. They will have proper stormwater and there
is an area shown for possible outdoor products being asphalt or gravel with a limit to the height. Everything is
pretty hidden behind the nursery. There is a future building for truck maintenance. but that will need separate
approvals. There is a berm shown that we would like to see some landscaping. Also, if the adjacent field
were to be developed, there will need to be some landscaping included on this site, but screening a field at
this point doesn't make much sense.
Alderman Kubacki made a motion to approve Resolution PC 034-2023. Commissioner Graf seconded.
Resolution PC 034-2023 passed unanimously.
RESOLUTION PC 035-2023 Approval of a Building, Site and Operation Plan for PJs Trucking
2, LLC. located at S99 W12707 Loomis Drive / Tax Key No. 2260.998.002.
Alderman Kubacki made a motion to approve Resolution PC 035-2023. Commissioner Graf seconded.
Resolution PC 035-2023 passed unanimously.
56
RESOLUTION PC 036-2023 Recommendation to Common Council to amend the Zoning Map
and 2020 Comprehensive Plan of the City of Muskego for Burback Builders for the Iron Oaks
Villas proposed condominium development located on vacant land west of Country Club Lane /
Tax Key No. 2258.996.006.
Planner Trzebiatowski provided an overview. The rezoning is currently split zoning between RM-1 Multi -
Family Residential District and B-4 Highway Business District. The request is to rezone to a Planned
Development based on the RM-3, which is the least intense multi -family district. The Comprehensive Plan is
being amended from high density residential and commercial to medium density residential. The planned
development allows for flexibility with zoning requests. The current petition is requesting a 30-foot setback
rather than a 40-foot setback which will minimize the impact to the higher priority conservation areas, being
the wooded area. There are 18 units in nine buildings and well under the density limit. There was a public
hearing on May 23rd. Comments included the proximity of the golf course and balls hitting houses, which
would be required to be tempered glass. Next was a question about a land transfer, but that is being resolved
by the purchasers of the property, but this would have no impact on the rezoning. There was a question
related to drainage issues, which has been brought to the attention of the City engineer and will be
investigated further. All stormwater from this site would be directed to a detention pond. As far as the road
construction, as this is a newly created roadway with the first lift of asphalt, but not the second yet. The sewer
will be in the roadway. There was concern about keeping the roadway open as this is the only public road and
the road would need to stay open as the City couldn't force traffic onto private roads through the other condo
development. The water line could be outside the roadway. There were concerns regarding tree removal and
a suggestion to create a frontage road so there aren't as many driveways on the road and keep a tree -lined
look along the public road. The concern is if the goal is tree preservation there would be clearing for the
driveways as well as a second roadway. Another concern was parking. Each of the units would have a
driveway with more than ample parking with on -street and off-street parking. Public Works could address
parking concerns later if there is an issue. Another concern was HOA rules of the adjacent condo association
and if their condo rules would be the same, but the City does not control the HOA rules. The architecture of
the buildings was reviewed at a conceptual discussion and the Plan Commission was receptive to the idea
with additional masonry on the front and sides of the buildings.
Alderman Kubacki has no problem with the rezoning or Comp Plan, but unlike other City streets there is a golf
course and is worried about the driveways and the development to the east. The golf course is busy and has
banquet facilities. Planner Trzebiatowski noted that this road would be comparable to other City streets. If
parking would become an issue, that would be addressed at that time. Mayor Petfalski wouldn't support
parking on the road and understands concern with driveways.
Commissioner Graf asked about sight lines. Would the Plan Commission have any overview as to sight lines
with the driveways and tree cover. Planner Trzebiatowski noted that the bulk of the front of the buildings
would likely be cleared due to building pads, driveways, water and sewer laterals and grading. The
predominant preservation is behind the buildings. Commissioner Graf has concern with the driveways and
sight line issues.
Mayor Petfalski noted that this is down -zoning the property as the current zoning would allow much more
dense development.
Alderman Kubacki asked that the surface water issues will be addressed. Planner Trzebiatowski noted this
was discussed with Scott Kroeger and he had not heard any issues with the storm water.
Commissioner Bartlett has no issues. He was previously concerned with the masonry, which has been
addressed.
57
Commissioner Graf made a motion to approve Resolution PC 036-2023. Alderman Kubacki seconded.
Resolution PC 036-2023 passed unanimously.
RESOLUTION PC 037-2023 Approval of a Building, Site and Operation Plan for Burback
Builders for the Iron Oaks Villas Condominiums located on a vacant property west of Country
Club Lane / Tax Key No. 2258.996.006.
Alderman Kubacki made a motion to approve Resolution PC 037-2023. Commissioner Graf seconded.
Resolution PC 037-2023 passed unanimously.
RESOLUTION PC 038-2023 Recommendation to Common Council to Rezone one property
from B-2 Local Service Center District and three properties from RS-2 Suburban Residence
District to PD-45 Inpro Planned Development District and Approval of a Building, Site and
Operation Plan for Inpro Corporation located at S80 W19025 Janesville Road, S79 W18997
Janesville Road, S79 W18975 Janesville Road and S79 W18953 Janesville Road / Tax Key
Nos. 2225.984, 2225.985, 2225.999.014 and 2225.986.
Planner Trzebiatowski provided an overview of the project. This is for four lots owned by Inpro along
Janesville Road. The purpose of the rezoning to start is for parking for employees for an addition to the
building to the south. They are planning on keeping the Wisco Carts and two of the homes for now. The
house east of Wisco Carts would be removed. They are working with the County for access. The parking lot
will be curbed on the sides without future expansions. Stormwater management will be included on the far
southeast portion. The second phase is to remove the other buildings and build a larger building and parking
lot.
Commissioner Bartlett asked about the timing of the project. At this time two houses stay and this will be one
Planned Development lot.
Planner Trzebiatowski noted that the next agenda item is for a Certified Survey Map to combine all of the lots
into one lot and dedicate the proper right-of-way. Additionally, the trail segment that is not there but as part of
the parking lot development the trail will be required to be extended.
Commissioner Graf made a motion to approve Resolution PC 038-2023. Alderman Kubacki seconded.
Resolution PC 038-2023 passed unanimously.
RESOLUTION PC 039-2023 Approval of a Certified Survey Map for Inpro Corporation located
at S80 W 19025 Janesville Road, S79 W 18997 Janesville Road, S79 W 18975 Janesville Road
and S79 W 18953 Janesville Road / Tax Key Nos. 2225.984, 2225.985, 2225.999.014 and
2225.986.
Planner Trzebiatowski noted they are combining the lots into one single lot.
Alderman Kubacki made a motion to approve Resolution PC 039-2023. Commissioner Graf seconded.
Resolution PC 039-2023 passed unanimously.
RESOLUTION PC 040-2023 Approval of a Building, Site and Operation Plan for Inpro
Corporation located at S80 W 18766 Apollo Drive / Tax Key No. 2225.090.
Planner Trzebiatowski explained this is for the warehouse addition to the existing building. They are looking to
add 18,000 square feet to the north side of the western -most building. As for the design it will look like the
58
existing building. There are some changes to docks and dock doors which will mirror what is already there.
They are losing parking stalls, which is part of the reason for the parking lot to the north and adding a few
additional surface stalls to the north. There is a one-way drive, which requires 12-foot width. There are a
couple awnings on the north side of the building. Originally, the plans showed a concrete curb on the north
edge of the drive but the petitioner has noted that curbing was not intended to be there. Consistent with all
other projects when the driveways or parking areas are being reconstructed, we require concrete curb and
gutter. As for the dumpsters facing the road, they are being relocated and the Resolution states that a wall
feature or landscaping screen from Janesville Road. There is also a note about a transformer being relocated
and the Resolution also states that wherever the transformer is relocated to must also include screening. All
lighting must meet City requirements. An easement is located where the building addition is proposed and
prior to reviewing building plans, written proof that the easement is removed or vacated.
Ken Cray representing the developer. There are a couple items that they would like to ask for a waiver. First
is the curb and gutter along the drive area. Currently there is not curb and gutter and it would seem not
essential except from an aesthetic standpoint. Second is the screening. These are compactors that are fully
sealed and not open dumpsters. Additionally, there is a grade difference between the two properties that will
provide some natural screening. They tried to strategically locate the compactors.
Alderman Kubacki asked for a location of the compactors. Planner Trzebiatowski noted that they are in the
back corner and the screening would be from the north side. The parking lot plan shows tree clearing also so
if there is a clear view from Janesville Road, some landscaping would be a minimal request. Mayor Petfalski
asked what the main concern is. The petitioner noted that it would just be unnecessary.
Commissioner Graf asked if they would be accessible from anyone on the bike path. Planner Trzebiatowski
noted they would be trespassing. They would be no more accessible than they are now. The petitioner noted
again that they are fully sealed.
Craig Foust from Inpro said they strategically put them there to screen from driveways and the request to
eliminate the screening is for the dump trucks maneuvering back in that section. They would be wide open to
the idea of adding screening if necessary once complete to ensure the compactors aren't visible. The power
is being moved four feet and would be screened by the compactors. Mayor Petfalski is more concerned with a
truck backing up and maneuvering with the beeping being heard by neighbors. He is good with waiting to see
if this is an eyesore to Janesville Road. Craig Foust also noted the forgiveness for the curb is only for this site
not the new parking lot.
Commissioner Bartlett noted that screening is reasonable but the curbing would be consistent with other
projects. Planner Trzebiatowski noted that curbing isn't always storm water related.
Commissioner Graf asked for the elevation between the trail and driveway. The trail is higher in elevation.
Commissioner Bartlett added for discussion that this is already not curbed and the amendment would be to
allow it to remain without curb.
Alderman Kubacki made a motion to approve Resolution PC 040-2023. Commissioner Bartlett seconded.
Commissioner Graf made a motion to amend Resolution PC 040-2023 to not require curbing on the north side
of the building. Motion to amend Resolution PC 040-2023 passed unanimously. Commissioner Graf made a
motion to amend Resolution PC 040-2023 to require screening as necessary. Motion to amend Resolution PC
040-2023 passed unanimously. Twice amended Resolution PC 040-2023 passed unanimously.
MISCELLANEOUS BUSINESS
59
There will not be a July meeting.
ADJOURNMENT
Alderman Kubacki made a motion to adjourn. Commissioner Graf seconded. Motion to adjourn passed
unanimously.
Respectfully Submitted,
Aaron Fahl, AICP
Planner
60
APPROVED
CITY OF MUSKEGO
PLAN COMMISSION MINUTES C4 of
01 /2023 6:0�SKE O
6:00 PMiy
Muskego City Hall, W182 S8200 Racine Avenue A
CALL TO ORDER
Mayor Petfalski called the meeting to order at 6:00 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Mayor Petfalski, Alderman Kubacki, Commissioners Bartlett, Buckmaster, Graf and Oliver and
Planner Trzebiatowski.
Absent: Commissioners Gazzana.
STATEMENT OF PUBLIC NOTICE
The meeting was noticed in accordance with the open meeting laws.
PUBLIC HEARING
None
CONSENT BUSINESS
RESOLUTION PC 045-2023 Approval of a Building, Site and Operation Plan Amendment for
Clifford's Automotive Repair, Inc. located at S83 W18576 Saturn Drive / Tax Key No.
2223.004.
RESOLUTION PC 047-2023 Approval of a one -lot Certified Survey Map for Jeff Kohne located
at W200 S7203 Williams Drive / Tax Key No. 2190.999.008.
Alderman Kubacki made a motion to approve the consent business engross. Commissioner Graf seconded.
Motion to approve passed unanimously.
OLD BUSINESS FOR CONSIDERATION
RESOLUTION PC 033-2023 Approval of a Rustic Structure designation for Bryon Hrin located
at S99 W20523 Parker Drive / Tax Key No. 2280.999.021.
Planner Trzebiatowski provided the Commission with an explanation of an updated request from the petitioner.
An email provided by the petitioner added clarity and reasoning. The petitioner stated they would like to keep
the bulk of the buildings but would be willing to remove the milkhouse building and the southernmost addition
to the main historic barn. The two buildings being sought the rustic structure designation are currently used
for ag purposes as well as storage of personal items such as lawn mowers, tractors, lumber and other
domestic storage. The pole barn/garage not being sought for rustic structure is used for personal storage of 4-
61
wheelers, snowmobiles and other items. The petitioner would like to keep all the buildings together as they tell
the story of the history of the farm and buildings. The petitioner is willing to plant a row of trees as a visual
barrier for the residents to the south. Removing the addition to the barn and the shed would bring the total
accessory 12,093 square feet or 7,896.82 sq. ft. over the limit without the rustic structure designation.
Bryon Hrin, petitioner, asked Planner Trzebiatowski if the Parks and Recreation Committee if these buildings
were considered rustic structures. Planner Trzebiatowski noted that that is not a decision for that committee to
make. They make a recommendation to this Board as to whether the Plan Commission should approve the
request and the Parks and Recreation Committee did make a positive recommendation to the Plan
Commission. The petitioner noted the buildings are structurally sound, inspected by the City inspector. This
being a historic site, he believes this qualifies for every item in the rustic structure definition including the labor,
architecture, construction and design and local historical significance. Mr. Hrin would have the past landowner
tell him stories of the barn and when they had the phone installed. He would love to put this all in writing and
put up a plaque.
Mayor Petfalski noted that at the last meeting there was some uneasiness in approving this as is for several
reasons. First, the petitioner was aware that prior to subdividing the land that he would need to remove the
structures or be granted rustic structure designation. Why didn't Mr. Hrin apply for rustic structures prior to
subdividing the land. The petitioner stated that he felt that everything qualified. The petitioner also stated that
subdividing the land was overwhelming along with running his business and some rentals. He also has other
land in Muskego that he wants to do something with. The petitioner thought that if it qualifies for each and
every thing. And then to show that everyone along parker drive wants to see the buildings. The mayor and
several Plan Commission members thought that the rustic structure application should have been before the
land division.
The second area of concern was that every lot in the subdivision could have a house, pole barn and garage
which is a lot of density. The Mayor hears from many residents their concerns about the density of the City.
Mr. Hrin asked if this compares to 1/3-acre lots with all the concrete. Mayor Petfalski added that the
Comprehensive Plan allows for more dense areas and less dense areas. Mr. Hrin said that he went through
with the engineers all of the plans to ensure that the stormwater is addressed and pitched and swaled on the
property. There is a lot of pervious areas and this is wide open with functioning field tiles. The City should
allow people to keep the historic structures.
Alderman Kubacki concurs with the Mayor that this rustic structure application should have been first. The
simple solution is to retain lots 1, 2 and 3 retain and then everything is good. The petitioner noted that not
concerning to the Plan Commission that he has a huge loan out on the development. He thought if everything
qualifies, it didn't matter when he approached the Plan Commission as it is the same argument and the same
buildings. Alderman Kubacki added that he understands he bought the property and subdivided it and now
wants the best of both worlds.
Commissioner Graf added that the two buildings that are now proposed to be razed is a very trivial amount on
a square footage basis. He also agrees that this should have been done as a grand plan, not at the end. The
historical value of the barn is appropriate to be discussed, but anything more as historical value is in question.
The proposal is weak and does not know what he could come back with. But to move forward as an exception
bucket, the Plan Commission has to recognize future considerations on proposals moving forward. He would
prefer to send it back again rather than to vote on this. Commissioner Graf would like to see more
concessions and a commitment.
Mayor Petfalski asked when the structures need to be removed. Planner Trzebiatowski said that the land
division was completed last fall.
Commissioner Bartlett said that he drove past and now it looks great. Envisioning five or ten years it is a barn
next to an apartment and looks more inappropriate. As mentioned last time, if this barn was part of the
development it would have been a strong case. Agrees with the Mayor's comments especially the first, but as
for density this is less dense and over time everything is getting more dense. It seems now it is too much
building on the site and would like to see him come back with more coming down. It was also talked about
with timelines. There are a lot of buildings and square footage and he is asking to break all the rules. There
was a reason this was deferred. Commissioner Bartlett does not think it is realistic for this property to have
62
that many buildings and that much square footage. The property has been broken down and the buildings
must go with that.
Mayor Petfalski noted that the milkhouse and addition to the barn did not sway the Commission at all. There
are two options to vote now or defer again with a grander idea with some change. Alderman Kubacki noted
that the most significant structure is the main barn without the U towards the southeast. If that stayed and all
the other buildings were removed he would be in favor of that. Mayor Petfalski mentioned even keeping the
main barn with the `L' and removing the other buildings would still be over, but is a significant change and may
be able to persuade some Plan Commission members.
Jeff, a neighbor just wanted to note that he enjoys the barn. If the only complaint is that timing and that this
should have come forward with this first, then what is the difference.
Herald DeBack provided a statement in support of the barns.
Alderman Kubacki reiterated that the two options are to vote tonight, which the petitioner may not like the
outcome or to defer again and the petitioner can come back with a better plan.
Alderman Kubacki asked about the other rustic structure approvals. Planner Trzebiatowski added that he
thinks in another case it was the only outbuilding that was over just a little. None of the others were
significantly over and numerous situations it was the only accessory structure.
Mayor Petfalski added a few suggestions. One to get rid of the other outbuildings. A second would be to keep
one of the lots. A third would be take a portion of the other lots. The Plan Commission does not want to
remove the barn as there aren't new barns being built.
Previously Alderman Kubacki made a motion to approve Resolution PC 033-2023. Commissioner Graf
seconded. Commissioner Graf made a motion to defer Resolution PC 033-2023. Commissioner Oliver
seconded. Resolution PC 033-2023 was deferred again unanimously.
NEW BUSINESS FOR CONSIDERATION
RESOLUTION PC 046-2023 Approval of a Building, Site and Operation Plan for La Granica
located at S66 W14523 Janesville Road, S67 W14543 Janesville Road and S67 W14549
Janesville Road / Tax Key Nos. 2168.994, 2165.984 and 2165.984.001.
Mayor Petfalski noted that this petition has been withdrawn.
MISCELLANEOUS BUSINESS
Notice of September Plan Commission meeting date changed to September 12, 2023
ADJOURNMENT
Alderman Kubacki made a motion to adjourn. Commissioner Graf seconded. Motion to adjourn passed
unanimously.
Respectfully Submitted,
Aaron Fahl, AICP
Planner
63
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
64
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.
65
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
67
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
68
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;
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(b) Flood Insurance Rate Map (FIRM), panel numbers 55133C0339H,
55133C0342H,55133C0344H,55133C0361H,55133C0362H,55133C0363H,
55133C0364H,55133C0452H,55133C0454H,55133C0456H,55133C0457H,
55133C0459H,55133C0476H,55133C0477H,and 55133CO479H 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
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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
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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
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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:
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(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:
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(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
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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.
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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.
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(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;
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(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
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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.
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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).
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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.
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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
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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
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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.
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[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
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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
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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
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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
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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:
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(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
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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
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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
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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
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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:
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(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.
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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
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(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:
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(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.
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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.
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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.
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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
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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.
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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
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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.)
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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
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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
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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
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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.
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