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PCR2007006 ./PCR2007006_files/filelist.xml RESOLUTION #PC 028-2006 Print 86 6 pt 6 pt 0 RESOLUTION #P.C. 028006-2007 RECOMMENDATION TO COMMON COUNCIL TO AMEND CHAPTERS 18, 28, 30, 33, and 36 OF THE MUNICIPAL CODE RELATING TO THE PROPOSED CHANGES TO CHAPTER 17 WHEREAS, Chapter 18 regulates land division regulations, Chapter 28 regulates the Committee of Public Water regulations, Chapter 30 regulates Building Code regulations, Chapter 33 regulates Business Occupancy Registration regulations, and Chapter 36 regulates Wireless Communications regulations within the City of Muskego, and WHEREAS, The Chapters require various updates due to policy changes and/or references to the new zoning code as per PC Resolution#004-2007, and WHEREAS, A public hearing was scheduled to consider the amendments on December 11, 2006. THEREFORE BE IT RESOLVED, That the Plan Commission recommends the attached changes to Chapters 18, 28, 30, 33, and 36 of the Municipal Code relating to the proposed changes to Chapter 17 from PC Resolution #004-2007 to the Common Council. Plan Commission City of Muskego Adopted: January 16, 2007 Defeated: Deferred: January 16, 2007 ATTEST: Kellie Renk, Recording Secretary Attachment #1: Chapter Amendments 28.02(2) CONTROL OF WATER QUALITY, WELLHEAD PROTECTION DISTRICT Through the Wisconsin Legislative Act 410 (effective May 11, 1984), and as the residents of the City of Muskego depend exclusively on groundwater for a safe drinking water supply, it is recognized that certain land use practices and activities can seriously threaten or degrade groundwater quality. As such, the Overlay Wellhead Protection District (OWPD), as described in Chapter 17: 9.11, Section 13 was instituted to protect the City of Muskego’s municipal water supply and well fields. The regulations specify that the OWPD shall apply to all lands that lie within the five year Time of Travel (TOT) of each City of Muskego municipal well or 1,200 feet minimum, within the City of Muskego corporate limits, and have a well head protection area delineated in a Well Head Protection Plan accepted by the City. For specific guidelines on permitted and prohibited uses with the OWPD, please see Chapter 17:9.11. 30.05(6) STRUCTURE As specifically regulated by this Code, Structure shall have the meaning as defined by the Muskego Municipal Code, Chapter 17, Section 22.032 (59). 30.07(4) DRAINAGE - Shall be governed by Muskego Municipal Code, Chapter 17, Section 5.10 6.01(2). 30.07(5) INSPECTOR MAY REVOKE PERMITS. (a) The Building Inspector or his designee may revoke any permit, certificate of occupancy or approval issued under the regulations of this Code and may stop business use, construction, demolition or use of approved materials, equipment, methods of construction, devices or appliances for any of the following reasons: 1. Whenever there is a violation of any regulation of this Code or of any other ordinance, law or lawful orders or Wisconsin Statute relating to the same subject matter. 2. Whenever the continuance of any construction or demolition becomes dangerous to life or property. 3. Whenever there is any violation of any condition or provision of the permit. 4. Whenever, in the opinion of the Building Inspector, there is inadequate supervision provided on the job site. 5. Whenever any false statement or misrepresentation has been made in the application for permit, plans, drawings, data, specifications or certified lot or plot plan on which the issuance of the permit or approval was based. 6. Whenever there is a violation of any of the conditions of an approval or occupancy given by the Building Inspector for the use of any new materials, equipment, methods of construction devices or appliances. 7. Whenever the property owner fails to allow reasonable inspections of the property. 8. Whenever any conditions of approval from City Boards and Committees are not being met for the building site or structure itself, including Planning Commission approvals. (b) The notice revoking a permit, certificate of occupancy or approval shall be in writing and shall be served upon the applicant for the permit, owner of the premises and his agent, if any, and on the person having charge of construction. (c) A revocation placard shall also be posted upon the building structure, equipment or premises in question by the Building Inspector. (d) After the notice is served upon the persons as aforesaid and posted, it shall be unlawful for any person to proceed thereafter with any business use, construction or demolition operation whatsoever on the premises and the permit and/or certificate of occupancy which has been so revoked shall be null and void and before any construction or operation is again resumed, a new permit and/or certificate of occupancy, as required by this Code, shall be procured and fees paid therefore and thereafter the resumption of any construction or operation shall be in compliance with the regulation of this Code. 30.12 (1) INSPECTIONS (a) The Building Inspector shall make a final inspection of all new buildings, additions and alterations. If no violations of this or any other ordinance can be found the Building Inspector shall issue a certificate of occupancy, stating the purpose for which the building is to be used [see also 30.10(7)(a) and 30.07(5)(a)]. (b) No building, nor part thereof, shall be utilized or otherwise put into service, until such final inspection has been approved and certificate of occupancy has been issued, nor shall any building be utilized in any manner which conflicts with the conditions set forth in the certificate of occupancy. (c) The Planning Director or designee shall make a final inspection of all new buildings, building sites, additions and alterations of multi-family, commercial and industrial properties in order to assure all approvals from Planning Commission or other Boards have been accomplished. If all approvals have been followed, a certificate of occupancy will be allowed. If further improvements are required, the certificate of occupancy will be withheld until such time the improvements are completed. A certificate of occupancy may be issued subject to certain items being completed within a given amount of time, however, if the items are not completed within the given timeframe, the certificate of occupancy can be revoked as per Section 30.07(5)a of this ordinance. Revocation of the certificate of occupancy requires all business use of the property to cease immediately until such time a new certificate of occupancy is given. 30.14(1)a STORAGE SHED - A structure conforming to the height and area limitations of Muskego Municipal Zoning Ordinance, Chapter 17, Section 15.05 4.05(2)G. 33.02 SCOPE The provisions of THIS CODE shall govern the occupancy of any premises within the City of Muskego for any commercial or industrial use. For purposes of THIS CODE, “businesses” shall include any individual or legal entity occupying a premises within the City of Muskego for any commercial or industrial use. Exception: A “Home Occupation” as defined by Chapter 17, Section 15.02 2.02 (22), Section 22.02, and Section 18.01(3)5 8.01 (7)B.7. of the City of Muskego Zoning Ordinance shall not be subject to the requirements of THIS CODE. 36.04(4)a Replace this table with the new one below. Code Section Zoning District Wireless Communications Facility Allowed by Right Wireless Communications Facility Allowed by Conditional Use Grant Required Setback Required Offsets (all sides) Maximum Height 17:8.01 RCE -Country Estate none [BDT1] a none b same b same b 35 feet b 17:8.02 R-1 Country Home none a none b same b same b 35 feet b 17:8.03 R-2 Country Home none a none b same b same b 35 feet b 17:8.04 R-3 Country Home none a none b same b same b 30 feet b 17:8.05 RSE Suburban Estate none a none b same b same b 30 feet b 17:8.06 RS-1 Suburban Residence none a none b same b same b 30 feet b 17:8.07 RS-2 Suburban Residence none a none b same b same b 30 feet b 17:8.08 RS-3 Suburban Residence none a none b same b same b 30 feet b 17:8.09 RSA Attached Single Family none a none b same b same b 30 feet b 17:8.10 RSM Multiple Family Residence none a none b same b same b 30 feet b 17:8.11 B-1 Neighborhood Business a) stealth facilities mounted on existing structures b none b same b same b 30 feet b 17:8.12 B-2 Local Service Center a) stealth facilities mounted on existing structures b none b same b same b 30 feet b 17:8.13 B-3 General Business a) stealth facilities mounted on existing structures b none b same b same b 30 feet b 17:8.14 B-4 Highway Business a) stealth facilities mounted on existing structures b none b same b same b 30 feet b 17:8.145 BP Business Park a) stealth facilities mounted on existing structures b none b same b same b 40 feet b 17:8.15 I-1 Industrial Park a) stealth facilities mounted on existing structures b b) new, replacement, or colocation of antenna arrays on approved tower structure b a) new tower structure b) replacement tower structure greater of 50 feet or 105% of fall zone greater of 50 feet or 105% of fall zone 50 feet b 17:8.16 I-2 General Industrial a) stealth facilities mounted on existing structures b b) new, replacement, or colocation of antenna arrays on approved tower structure b a) new or replacement tower structures b) replacement tower structure greater of 50 feet or 105% of fall zone greater of 50 feet or 105% of fall zone 70 feet b 17:8.17 WF Wetland Floodplain none a none b same b same b 35 feet b 17:8.175 SW Shoreland Wetland none a none b same b same b 35 feet 17:8.18 L Lowland none a none b same b same b 30 feet b 17:8.19 A Agriculture a) stealth facilities mounted on existing structures b none b same b same b 60 feet b 17:8.20 EA Exclusive Agriculture a) stealth facilities mounted on existing structures b none b same b same b 60 feet b 17:9.01 OOS Office and Special Service Overlay a) stealth facilities mounted on existing structures none same same per underlying zoning district 17:9.02 OIP Institutional and Public Service Overlay a) stealth facilities mounted on existing structures b) new, replacement, or colocation of antenna arrays on approved tower structure a) new or replacement tower structures b) replacement tower structure greater of underlying district or 105% of fall zone greater of underlying district or 105% of fall zone towers permitted up to 200 feet; other structures per underlying zoning district 17:9.03 OPD Planned Development District none none n /a n /a per underlying zoning district 17:9.04 OLS Lakeshore Overlay District none none no reduction no reduction per underlying zoning district 17:9.05 OA Agricultural Overlay none none n /a n /a per underlying zoning district 17:9.06 OHS Highway Service Overlay District a) stealth facilities mounted on existing structures none same same per underlying zoning district 17:9.07 OED Existing Development Overlay District none none no reduction no reduction per underlying zoning district 17:9.08 OLR Lakeshore Overlay District none none n /a n /a per underlying zoning district 17:9.09 OD Duplex Overlay District none none n /a n /a per underlying zoning district 17:9.10 OH Height Overlay District none none n /a n /a per underlying zoning district 17:9.11 OWP Wellhead Protection Overlay District none none n /a n /a per underlying zoning district NOTES: a May be modified by OOS Office and Special Service Overlay District, OIP Institutional and Public Service Overlay District, or OHS Highway Service Overlay District. b May be modified by OIP Institutional and Public Service Overlay District Zoning District Wireless Communications Facility Allowed by Right Wireless Communications Facility Allowed by Conditional Use Grant Required Setback Required Offsets (all sides) Maximum Height RCE , RC-1, RC-2 none [BDT2] none same same 35 feet RC-3, RSE, RS-1, RS-2, & RS-3, RM-1, RM-2, & RM-3, ERM-1, ERS-1, ERS-2, ERS-3, RL-1, RL-2, RL-3, BL-1, BL-2, HC-1, DR-1 none none same same 30 feet B-1, B-2, B-3, B-4 a) stealth facilities mounted on existing structures none same same 30 feet BP Districts a) stealth facilities mounted on existing structures none same same 40 feet M-1 Industrial Park a) stealth facilities mounted on existing structures b) new, replacement, or colocation of antenna arrays on approved tower structure a) new tower structure b) replacement tower structure greater of 50 feet or 105% of fall zone greater of 50 feet or 105% of fall zone 50 feet M-2 General Industrial M-3 Landfill & Extractive a) stealth facilities mounted on existing structures b) new, replacement, or colocation of antenna arrays on approved tower structure a) new or replacement tower structures b) replacement tower structure greater of 50 feet or 105% of fall zone greater of 50 feet or 105% of fall zone 70 feet SW Shoreland Wetland none none same same 35 feet A-1 Agriculture EA Exclusive Agriculture a) stealth facilities mounted on existing structures none same same 60 feet I-1 Govt., Institutional, and Public Service District PI-1 Park and Recreation CI-1 Conservation Lands a) stealth facilities mounted on existing structures b) new, replacement, or colocation of antenna arrays on approved tower structure a) new or replacement tower structures b) replacement tower structure greater of underlying district or 105% of fall zone greater of underlying district or 105% of fall zone towers permitted up to 200 feet; other structures per underlying zoning district PD Planned Development District CPD Conservation Planned Development District none none n /a n /a per planned zoning district OWP Wellhead Protection Overlay District none none n /a n /a per underlying zoning district 36.04(5)b Site lighting shall be permitted in accordance with the standards identified in the City of Muskego Design Manual as adopted by Plan Commission Resolution #PC 244-97. 18.08 SUBDIVISION, CONSERVATION. [if supportFields]> XE "SUBDIVISION, CONSERVATION" <![endif] [if supportFields]><![endif] A housing development constructed under the auspices of the COPD Conservation Planned Development Overlay Zoning District, in a rural setting comprised of at least five residential parcels situated on no less than fifteen (15) acres, that is characterized by compact lots and common open space, and where the natural features of the land are maintained to the greatest extent possible. 18.21(5) PROPORTIONATE PAYMENT IN LIEU OF DEDICATION [if supportFields]> XE "PROPORTIONATE PAYMENT IN LIEU OF DEDICATION" <![endif] [if supportFields]><![endif]. (Ord. #1166 - 06-03-2004, shall apply to land divisions formally submitted by Certified Survey Map or Preliminary Plat on or before June 13, 2006) 18.23 EXISTING SUBSTANDARD LOTS [if supportFields]> XE "EXISTING SUBSTANDARD LOTS" <![endif] [if supportFields]><![endif]. (Removed by Ord. #____ – __-__-06) (1) CONVEYANCE RESTRICTED. If a lot of record does not conform to the zoning regulations of the City and adjoins along a side lot line properly held in the same ownership, no such lot shall be conveyed to another owner nor shall a building permit be issued for a structure on such a lot except in conformity with the following: (a) Petition for Determination. The owner of such substandard lot may, at any time prior to the proposed conveyance of such lot or request for building permit, petition the City for determination as to the status of such lot. (To be repealed on 12/31/2002) (b) Referral to Plan Commission. Such petition shall be referred to the Plan Commission for study to determine the practical possibility of a redivision of ownership to provide lots which will conform to the City zoning regulations. (To be repealed on 12/31/2002). (c) Time Limit. The Plan Commission shall make its recommendation to the Common Council within 40 days of the date the petition was received and the Council shall act within 20 days to give the petitioner a determination. (To be repealed on 12/31/2002). (d) Criteria. The Plan Commission in making its recommendation and the Common Council in making its determination shall give consideration, among others, to the following factors: (To be repealed on 12/31/ 2002). 1. Compatibility. The size, quality and character of existing lots and building development in the immediate area with a view to maintaining compatibility and protecting existing values. (To be repealed on 12/31/2002). 2. Sewage Disposal. Where public sewer is not available, the lot size necessary to insure safe sewage disposal. (To be repealed on 12/31/2002). 3. Practicability. The economic and engineering practicability of any possible re-division. (To be repealed on 12/31/2002). 4. Hardship. The degree of practical hardship which may be imposed upon the owner. (To be repealed on 12/31/2002). (e) Method of Redivision. Such redivision may be accomplished as is most appropriate by: (To be repealed on 12/31/2002). 1. Vacation and replatting of all or a part of a recorded plat. 2. Combining of lots or parts of lots. 3. Redefining of lot lines by a plat of “other divisions” as provided by Section 18.33. (f) Notification Procedure. The Plan Commission in making its determination shall first give notice to all property owners within 100’ of the perimeter of the subject property that such a request has been submitted for consideration. (To be repealed on 12/31/2002). (2) DETERMINATION OF OWNERSHIP. For the purpose of this section, lots and property shall be considered in the same ownership when owned by: the same individual or corporation; an individual and another in joint tenancy, or as tenants in common and either of the joint or common tenants own other lots individually or as joint tenant in common with another; an individual and other lots are owned by his/her spouse and when any of such lots are owned by an individual and other lots are owned by a corporation in which such individual is an officer or director or controlling stockholder. (3) PRIOR APPROVALS. Where the owner of such substandard lot has been granted “legal lot status” under the provisions of this section prior to December 31, 2002, such approval shall be deemed valid. All lots granted such status shall be classified as conforming for the purpose of conveyance and permitting as described in Section 18.23 (1), and shall not be subject to the conveyance and building permit restrictions of this Section. (4) COMBINATION OF NONCONFORMING LOTS. Prior to issuance of building permits for any nonconforming lot held in single ownership, the owner of such nonconforming lot shall first submit for approval a certified survey map in the manner provided in this chapter. (To be repealed 12/31/2002). 18.26 WOODED AREAS [if supportFields]> XE "WOODED AREAS" <![endif] [if supportFields]><![endif] AND NATURAL TREE [if supportFields]> XE "TREE:Natural Settings" <![endif] [if supportFields]><![endif] SETTINGS. Heavily wooded areas should be preserved insofar as possible by use of conservancy easements, reservations, dedications, and as otherwise allowed by law. The Subdivider shall not remove trees in anticipation of a land division until he has gained preliminary final subdivision approval is received. Each tree exceeding six inches diameter at 4.5 feet above the ground that is removed in preparation for development shall be replaced on a 1 to 1 ratio. Replacement trees shall be of species approved by the City Forester and measure between 1.5 inches and 2.5 inches in trunk diameter at one foot above ground. If complete tree mitigation is not feasible within the subject subdivision development the City may require tree plantings within parks, conservation lands, street rights-of-way, or other publicly-owned lands or require payment to a reforestation fund at a rate commensurate with planting said mitigation trees. Heavily wooded areas should be preserved insofar as possible and by application of reservation and dedication provisions of this chapter and other applicable ordinances. 18.27 ADEQUATE PUBLIC FACILITIES REQUIRED All land divisions subject to this Chapter shall obtain a Certificate of Adequate Public Facilities or a Waiver of Certificate as found in the Chapter 17 Zoning Code as required by Section 17.6.01(3)F., or a Waiver of Certificate as permitted by Section 17:6.01(3)K. of the Zoning Code. 18.31(3)(i)(2)c Any other quality environmental lands as determined by the Planning Director or City Forester. 18.31(3)(i)(3)d Development Pads: All site disruption (including selective cutting) proposed to occur within permanently protected natural resource areas shall be limited to development pads except as required to remove non-native or undesirable species as identified in an approved Management Plan for the site. Development pads shall be depicted on the detailed site analysis map, and Preliminary Plat of Subdivision. Where site disruption occurs in forested areas, a tree survey may be required so that the Conservation Commission and Planning Commission may adequately make recommendations to what forest areas must be permanently protected by easement or dedication (Tree survey should show the species and size of all trees affected that are 6 inch caliper or larger). 18.31(3)(l)2 Development yield analysis. The subdivider shall submit a table showing the maximum number of dwelling units that would be permitted under the City zoning ordinance, consistent with the minimum lot size, lot widths, set backs, and other provisions of the zoning ordinance and compare it to the number of dwelling units proposed. Land that is undevelopable because of other laws and ordinances that prohibit development in certain areas (e. g. floodplains, wetlands, steep slopes, and drainage ways) shall be excluded from the development yield analysis, however, some undevelopable lands can be allowed as easements on lots within the Development Yield Analysis as long as build able area is found on each parcel depicted. 18.33(3)f Recordation. The certified survey map shall be recorded with the county register of deeds only after the certificates of the Common Council, Plan Commission, surveyor and owner are placed on the face of the map. The map shall be recorded by the City Clerk or designee within 6 months 30 days of its last approval by the Common Council or re-approval will be required. The City shall not permit the applicant, Title Company or any other entity to record the certified survey map. 18.42(4) AREA AND DIMENSIONS [if supportFields]> XE "AREA AND DIMENSIONS:Lot" <![endif] [if supportFields]><![endif]. Area and dimensions of all lots shall conform to the requirements of the City Zoning Code or zoning ordinance of the jurisdiction where the land division occurs, except where land divisions occur within the ERS Existing Suburban Residence Districts or RL Lakeshore Residence Districts OLS Lakeshore Overlay District or OED Existing Development Overlay District, which are proposed after March 1, 2000 shall conform to the area and dimension requirements of a new conforming district appropriate to the surroundings as approved by the Planning Commission and Common Council the underlying zoning district. The Common Council determines these provisions are necessary to preserve the public health, safety, and morals because: (a) The area and dimensions bonuses provided for the ERS and RL OLS and OED zoning districts were intended to accommodate the nature of existing developments, the majority of which pre-date the establishment of zoning codes. The area and dimensions bonuses provided by these overlay districts are not intended to perpetuate high-density development opportunities. (b) The provisions of the ERS Existing Suburban Residence Districts or RL Lakeshore Residence Districts OLS Lakeshore Overlay District and OED Existing Development Overlay District would otherwise permit high density development opportunities which are in conflict with the adopted Comprehensive Plans, which call for residential densities not to exceed 2.9 dwelling units per acre on 15,000 square foot lots. The allowance for 10,000 square foot lots in the RL OLS overlay district and 11,250 square foot lots in the ERS OED overlay district have the effect of raising permitted densities to unacceptable levels. In addition to the area and dimension requirements above, those building sites not served by a public sanitary sewer system or other approved systems shall be sufficient to permit the use of an on-site soil absorption sewage disposal system designed in accordance with COMM 83, Wis. Adm. Code, and administered by Waukesha County. In no case shall the width and area of lots located on soils suitable for the use of an on-site soil absorption sewage system be less than 150' in width and 40,000 square feet in area. 18.46(2)c Public Site Fee Option (Pertains to land divisions formally submitted by Certified Survey Map or Preliminary Plat on or before June 13, 2006) [if supportFields]> XE "Public Site Fee Option" <![endif] [if supportFields]><![endif]. If the proposed land division does not encompass a proposed public park, parkway, open space conservation site or other open space lands or if the City Plan Commission requires the reservation of land under par. (b) above conservation, conservation recreational trail and park dedication fees shall be imposed. 18.50 All required improvements shall be constructed in accordance with plans and standard specifications approved by the City Public Works Committee, Public Utilities Committee, Engineering/Building Inspection Director, Wisconsin Department of Natural Resources and Milwaukee Metropolitan Sewerage District, as may be appropriate. Such plans and standard specifications shall be submitted, reviewed and approved in accordance with § 18.72 of this chapter. The improving of a dedicated roadway to City specifications may be waived by the Public Works Committee when three units or less access a dedicated right-of-way. must follow the following guidelines: (1) All land divisions which create new public ROW shall be required to improve, within said ROW, a public road to City of Muskego specifications and detail drawings. Should the road end with a permanent cul-de-sac, land must be dedicated per City standards and the road constructed to City of Muskego specifications. Should the road end with a future possible road extension, a temporary cul-de-sac may be constructed with a temporary easement, however, the size must be the same as a permanent cul-de-sac. City of Muskego storm water management requirements must be met should the improvements add more than one half of an acre of impervious surface. All roadway, grading, storm sewer, and stormwater plans must be reviewed by the City of Muskego as required by Municipal Code. The following requirements vary by the size of the parcels being divided: A. Should a land division create parcels with an average size of less than or equal to 40,000 square feet, the road shall be built to City Specifications that include curb & gutter and storm sewer. B. Should a land division create parcels with an average size of greater than 40,000 square feet, the developer may choose to request a Public Works Committee decision regarding the type of improvements required. The only option Public Works Committee will consider other than curb & gutter section is ditch section construction per City of Muskego specifications. Should this option be permitted, the ditch sections shall be maintained by the developer initially and ultimately the homeowners association. Furthermore, these restrictions outlining the responsibility of this maintenance shall be recorded in a Developer's Agreement approved the City's Common Council concurrent with the final land division document. C. Private driveways within newly created public ROW are not allowed under any circumstance. 18.72(8-10) (8) The Planning Department will transmit the full set of "final" construction/improvement plans to the Engineering/Building Inspection Director. The Engineering/Building Inspection Director will transmit to the outside approving agencies. Once the review is complete, the Director Mayor's secretary will schedule the plans for review by the appropriate committee (Utilities, Public Works, Finance) if and only if a letter of approval by the Engineering/Building Inspection Director is received. (9) It will be the applicant's responsibility to contact the City Mayor's secretary, to confirm the date, time and location of the respective committee meeting. (10) Once the City committees and outside approving agencies provide written approval, the applicant may schedule a preconstruction meeting through the Engineering Department Mayor's secretary. 18.81(2) 2. The base development density may be increased if the development complies with one or more of the following standards. Each standard provides a development yield bonus of the greater of one (1) parcel or 5% of the base development yield: i. Creating an endowment where the principal would generate sufficient annual interest to cover the conservation easement holder’s yearly costs (taxes, insurance, maintenance, enforcement, etc.). ii. Providing for access by the general public to trails, parks, or other recreational facilities, excluding golf courses. iii. Reusing existing buildings and structures which incorporate rural or agrarian themes, including but not limited to those sites inventoried by the State Historical Society of Wisconsin. iv. Preservation of Environmental features identified in the adopted Conservation Plan. v. Restores native prairie and provides a management plan for perpetual maintenance. vi. Improves water quality by through stormwater management standards and practices, which that exceed the minimum standards of Chapter 34 of the Municipal Code, and, as approved by the Engineering/Building Inspection Director and the Public Works Committee. vii. Provides a minimum 75-foot setback and natural buffer from all environmental features identified in the adopted Conservation Plan. viii. Restores or enhances the functional classification of wetlands using techniques approved by the USDA-NRCS, Wisconsin Department of Natural Resources, the Conservation Coordinator, the Engineering/Building Inspection Director, and the Public Works Committee. ix. Provides 70% or more of the gross acreage as open space in the development (Rights-of-way, stormwater outlots, and platted private property shall not count towards open space requirements). For parcels less than eighty (80) acres in area, the maximum bonus permitted is the greater of three (3) parcels or 15% of the base development density. For parcels eighty (80) acres or greater in area, the maximum bonus permitted is the greater of four (4) parcels or 20% of the base development density. All development yield bonuses shall be calculated to the nearest one-hundredth. In cases where the total combined development yield bonus results in a fraction , all such fractions shall be rounded up to the next whole number. 18.82(1 and 3) & (4) 1. General Consideration. Conservation Subdivisions must shall identify a conservation theme or themes. This theme shall be identified at the time of the initial application. Conservation themes may include, but are not limited to, forest stewardship, water quality preservation, farmland preservation, natural habitat restoration, viewshed preservation, or archaeological and historic properties preservation. The Plan Commission shall have the ability to specify which areas shall be preserved. 2. Agricultural Use. If agricultural uses are proposed to be maintained, lots shall be configured in a manner that maximizes the useable area remaining for such agricultural uses, with appropriate buffers between agricultural uses and residential structures. 3. Residential Lot Requirements. Residential parcels located within Conservation Subdivisions shall conform to the COPD - Conservation Planned Overlay District zoning regulations, and the following: a) Lots shall be in conformance with the design standards identified in Section 18.42 (1), 18:42 (2), 18:42 (3), and 18.42 (8). b) All lots and dwellings shall be grouped into clusters of no more than twenty (20) dwelling units. Said clusters shall: i. Be located to minimize negative impacts on the natural, scenic, and cultural resources of the site, and minimize conflicts between incompatible uses. ii. Avoid encroaching on rare plant communities, high quality environmental resources, or endangered resources as may be identified by the Wisconsin Department of Natural Resources. c) Lots shall be configured to minimize the amount of road length required for the subdivision. d) All lots shall abut open space on at least one side. A minor street may separate lots from said open space. e) Lots shall be oriented around one or more of the following: i. A central green or open space. ii. A physical amenity such as a meadow, stand of trees, or other natural or restored feature. 4. Open Space Standards. Open space shall be designated as part of the development. i. The minimum required open space is 60% 50% of the gross acreage less lands granted for density bonuses as stated in Section 18.81 (2) of this Ordinance. Rights-of-way, stormwater outlots, and platted private property shall not count towards open space requirements Road rights-of-way shall not count towards open space requirements. 18.90 GENERAL. All required improvements shall be constructed in accordance with plans and standard specifications approved by the City Public Works Committee, Public Utilities Committee, Engineering/Building Inspection Director, Wisconsin Department of Natural Resources and Milwaukee Metropolitan Sewerage District, as may be appropriate. Such plans and standard specifications shall be submitted, reviewed and approved in accordance with § 18.102 of this chapter. The improving of a dedicated roadway to City specifications may be waived by the Public Works Committee when three units or less access a dedicated right-of-way. must follow the following guidelines: (1) All land divisions which create new public ROW shall be required to improve, within said ROW, a public road to City of Muskego specifications and detail drawings. Should the road end with a permanent cul-de-sac, land must be dedicated per City standards and the road constructed to City of Muskego specifications. Should the road end with a future possible road extension, a temporary cul-de-sac may be constructed with a temporary easement, however, the size must be the same as a permanent cul-de-sac. City of Muskego storm water management requirements must be met should the improvements add more than one half of an acre of impervious surface. All roadway, grading, storm sewer, and stormwater plans must be reviewed by the City of Muskego as required by Municipal Code. The following requirements vary by the size of the parcels being divided: A. Should a land division create parcels with an average size of less than or equal to 40,000 square feet, the road shall be built to City Specifications that include curb & gutter and storm sewer. B. Should a land division create parcels with an average size of greater than 40,000 square feet, the developer may choose to request a Public Works Committee decision regarding the type of improvements required. The only option Public Works Committee will consider other than curb & gutter section is ditch section construction per City of Muskego specifications. Should this option be permitted, the ditch sections shall be maintained by the developer initially and ultimately the homeowners association. Furthermore, these restrictions outlining the responsibility of this maintenance shall be recorded in a Developer's Agreement approved the City's Common Council concurrent with the final land division document. C. Private driveways within newly created public ROW are not allowed under any circumstance. 18.102(7-9) (7) The Planning Department will transmit the full set of "final" construction/improvement plans to the Engineering/Building Inspection Director. The Engineering/Building Inspection Director will transmit to the outside approving agencies. Once the review is complete, the Director Mayor's secretary will schedule the plans for review by the appropriate committee (Utilities, Public Works, Finance) if and only if a letter of approval by the Engineering/Building Inspection Director is received. (8) It will be the applicant's responsibility to contact the City Mayor's secretary, to confirm the date, time and location of the respective committee meeting. (9) Once the City committees and outside approving agencies provide written approval, the applicant may schedule a preconstruction meeting through the Engineering Department Mayor's secretary. 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