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PCR1981015RESOLUTION #P. C. 15-81 RECOPPENDING MENDMENTS TO THE LAND DIVISION ORDINANCE SOLAR ACCESS WHEREAS the Plan Commission has ascertained that solar access protection shall be provided in the City of Muskego, and WHEREAS in order to provide that protection certain amendments to Chapter 18 of the Nunicipal Code, the Land Divi- sion Ordinance, are required. THEREFORE BE IT RESOLVED that the Plan Commission of the City of Muskego does hereby recommend to the Common Council li that Chapter 18 of the Municipal Code, the Land Division Ordinance, be amended as shown on the attachment to this reso- lut ion City of Muskego Plan Commission Adopted HAR. 3 1981 Defeated Deferred jm 21 a1 ATTACHMENT TO RESOLUTION #P. C. 15-81 PROPOSED AMENDMENTS TO LAND DIVISION ORDINANCE RE SOLAR ACCESS Section 1.4 INTENT Add - Provide for Solar Access Section 4.2 PLAT DATA Add - Location of the area on the lot where a structure may be built to afford solar access to the roof top and south wall. Section 4.3 SOIL AND WATER CONSERVATION Change to SOIL, WATER AND ENERGY CONSERVATION Add 6th paragraph - The City Plan Commission, upon determining from a review of the Preliminary Plat that certain measures are required to protect solar access, requires protection of the south wall and roof top from shading Consideration shall be given to orientacion of determines necessary, a detailed site plan shall be submitted the streets and the topography. [here the Plan Commission showing that there would be no solar access conflicts with struc- tures and landscaping. Section 4.4 COVENANTS Add 2nd paragraph - The City Plan Commission may require a submission of a draft of protective covenants whereby the subdivider intends to regulate building sites to protect solar access by the use of offsets, setback and height restrictions, which are more restrictive than the regulations of the zoning district where located. Section 5.2 ADDITIONAL INFORMATION (Final Plat) Amend 5th paragraph to remove "under planned development" i.e. Setbacks or Building Lines required by the City Plan Commission under planned development which are more restrictive than the regulations of the zoning district in which the plat is located or-which are proposed by-the subdivider and are to be included in recorded protective covenants. Amend 10th paragraph to add "solar access restrictions" i e any other approving or objecting agency relating to access control Special Restrictions required by the City Plan Commission and along public ways, the provision of planting strips, solar access restrictions, or shorelands and floodlands. -2- Section 6.2 ADDITIONAL INFORMATION (Certified Survey Map) Add - Location of the area on the lot where a structure may be built to afford solar access to the roof top and south wall Amend 7th paragraph to remove "under planned development" i.e. Additional Setbacks or Building Lines required by the City Plan Commission under planned development which are more restrictive than the regulations of the zoning district in which the plat is located or which are proposed by the subdivider and are to be included in recorded protective covenants. Section 7.1 STREET ARRANGEMENT 1st paragraph - last sentence. Amend to add "solar protection" i.e. The subdivision shall be designed so as to provide each lot with satisfactory solar protection and access to a public street. Section 7.5 BLOCKS Amend 1st paragraph to add "and solar access" i e The widths, lengths, and shapes of blocks shall be suited to the planned use of the land; zoning requirements; need for convenience access, control and safety of street traffic; topography; and solar access. Section 7.6 LOTS Amend 2nd sentence of 1st paragraph to add "for solar access" i e The size, shape, and orientation of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated. The lots should be designed to provide an aesthetically pleasing building site, a proper architectural setting, and for solar access for the building contemplated. Section 7.8 EASEMENTS Amend 1st sentence of 1st paragraph to add "and solar access" i.e. The City Plan Commission may require easements of widths deemed adequate for the intended purpose on the property side of front lot lines, on each side of all rear lot lines, on each side of all electric power and communication facilities, storm and sanitary side lot lines or across lots where necessary or advisable for solar access. All easements shall be noted on the final plat sewers, street trees, gas, water and other utility lines, and followed by reference to the use or uses for which they are intended. -3- ! ! I 0 Remove existing Section 8.13 STREET TREES and replace with new section: 8.13 STREET TREES The subdlvoder shall plant a specles approved by the Plan Commlssion and the number to be determlned by Plan Commlsslon. for each fdty 150) feet of frontage on all streets proposed to be dedicated. The requlred trees shall be planted In the exlstlng or planned curb lawn area between sldewalk andcurb when an urban streetcross.sect~on~sused:totheproper~sideoftheroadd~tchwhenaruralstreetcross.section~susedor on private property within love (5) feet of a front lot lone when a rural Street cross-eection 15 used or on prlvate property withm fwe (51 feet of a front lot he when an easement for such use has to be desagnated on the flnal plat. Tree plantmgs shall be completed In accordance with plans and spechcatlons approved by the Common Council. The number of trees requlred per 50 feet of frontage shall be determlned on the basls of erlstlng condltlons in terms of natural tree coverage and as recommended by the C~ty Plan Commlsslon. 8.13 TREES The subdivider shall plant a species approved by the Plan Commission with one tree for each 50' of frontage on all streets proposed to be dedicated, unless otherwise determined by the Plan Commission on the basis of existing conditions in terms of natural tree coverage. The required trees shall be planted so and rooftops. All trees shall be Class A nursery stock, free of that they will not interfere with solar access to south walls all disease, and shall be 8-10' in height with 1%" to 1%" caliper at the point on the trunk 6" above grade after planting. All methods. Tree planting shall be completed in accordance with trees shall be planted and staked using proper and appropriate bond shall be submitted in an amount determined by the City to plans and specifications approved by the Plan Commission. A will not be released until 18 months after planting. cover the cost of the trees and planting of same and said bond Section 11~0 DEFINITIONS Add - Solar Access Access to solar rays so there is no shading to the south wall or roof of any proposed structure. GPL/ j m 2/81