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