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PCR2007070 ./PCR2007070_files/filelist.xml RESOLUTION #PC 070-2007 Print 86 6 pt 6 pt 0   RESOLUTION #P.C. 070-2007 RECOMMENDATION TO COMMON COUNCIL TO AMEND SECTION 18.50 AND 18.90 OF THE MUNICIPAL CODE RELATING TO REQUIRED SUBDIVISION IMPROVEMENTS WHEREAS, Chapter 18 regulates land division regulations within the City of Muskego, and WHEREAS, Portions of Chapter 18 need to be amended in order assure that improvements outside the boundaries of developments can be enforced when increased impacts are found, and WHEREAS, A public hearing was heard to consider the matter on June 12, 2007. THEREFORE BE IT RESOLVED, That the Plan Commission recommends the attached amendment to Sections 18.50 and 18.90 of the Chapter 18 Land Division Ordinance to the Common Council.   Plan Commission City of Muskego Adopted:   June 19, 2007 Defeated: Deferred:   Introduced: June 19, 2007 ATTEST: Kellie Renk, Recording Secretary   18.50  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 § 18.72 of this chapter.  The improving of a dedicated roadway to City specifications must follow the following guidelines:   (1)     The improving of a dedicated roadway to City specifications must follow the following guidelines: 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 by 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.   (1)     Improvements to be Extended to Farthest Limit of Parcel or Lot: Any and all improvements, streets, or utility services required by this Ordinance, for the Subdivision, Certified Survey Map, or Condominium Plat shall be extended to the farthest limit of the parcel or lot as set forth on the plans and specifications approved by the City.  If determined by the Plan Commission, based on the recommendation of Engineering staff, that a resulting development will cause increased affects on existing infrastructure, the cost of all reasonably necessary improvements on the exterior of a development, such as expanded roadways, intersections, and/or utility extensions shall be paid by the Developer/Owner.   (2)     Improvements to be Extended to Farthest Affected Area: Any and all improvements, streets, or utility services required by this Ordinance, for the Subdivision, Certified Survey Map, or Condominium Plat shall be extended to the farthest affected area.  If determined by the Public Works Committee, Public Utilities Committee, or Planning Commission, based on the recommendation of Engineering staff, that a resulting development will cause increased affects on infrastructure, the cost of all improvements on the exterior of a development, such as expanded roadways, intersections, and/or utility extensions shall be paid by the Developer/Owner.   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 must follow the following guidelines: (1)     The improving of a dedicated roadway to City specifications must follow the following guidelines: 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.    (1)     Improvements to be Extended to Farthest Limit of Parcel or Lot: Any and all improvements, streets, or utility services required by this Ordinance, for the Subdivision, Certified Survey Map, or Condominium Plat shall be extended to the farthest limit of the parcel or lot as set forth on the plans and specifications approved by the City.  If determined by the Plan Commission, based on the recommendation of Engineering staff, that a resulting development will cause increased affects on existing infrastructure, the cost of all reasonably necessary improvements on the exterior of a development, such as expanded roadways, intersections, and/or utility extensions shall be paid by the Developer/Owner.   (2)     Improvements to be Extended to Farthest Affected Area: Any and all improvements, streets, or utility services required by this Ordinance, for the Subdivision, Certified Survey Map, or Condominium Plat shall be extended to the farthest affected area.  If determined by the Public Works Committee, Public Utilities Committee, or Planning Commission, based on the recommendation of Engineering staff, that a resulting development will cause increased affects on infrastructure, the cost of all improvements on the exterior of a development, such as expanded roadways, intersections, and/or utility extensions shall be paid by the Developer/Owner.