PCR1998109RESOLUTION #P.C. 109-98
RECOMMEKDATION OF APPROVAL TO AMEND CHAPTER 17, SECTION 6.01, CITY
OF MUSKEG0 ZONING ORDINANCE, SPECIAL REGULATIONS, ENGINEERING
REGULATIONS TO ADD CONDITIONS FOR SUBMITTAL OF A SURVEY AND
GRADTNG OF LOTS
WHEREAS, In conjunction with the proposed revisions to the Chapter 30, Building Code,
of the City of Muskego Municipal Ordinance, the Public Services Committee has requested that
the following sections Chapter 11, Building Inspector and Permits, Section 30.05 Permits: (2)(a)
Application for permits, Survey and (5)(a) Drainage, Grading of Lots, be placed within Chapter
17, Zoning Ordinance, of the City of Muskego Municipal Ordinance, and
WHEREAS, These items will no longer be placed in the Chapter 30 of the City of
Muskego Municipal Code, Building Code, and are proposed to be placed within Chapter 17 of the
City of Muskego Municipal Code, Zoning Ordinance, and
WHEREAS, In review of the Zoning Ordinance, staff recommends to amend 6.01
Engineering Regulations to read as follows:
6.01 ENGINEERING REGULATIONS
(I) Upon the application for a zoning permit or submittal to the Plan Commission, the following
0 minimum conditions must be addressed:
A. Survey: The survey shall be prepared and certified by a surveyor, registered by the
State of Wisconsin; shall be made, in no case, prior to one (1) year prior to the issuance of
a building permit; and shall bear the date of the survey. The certified survey shall also
show the following:
1 Location and dimensions of all buildings on the lot, both existing and
proposed.
2. Dimensions of the lot
3. Lot area.
4. Dimensions showing all setbacks to all buildings on the lot.
5. Proposed grade of proposed structure, to the city or village datum
6. Grade of lot and of road opposite lot
7 Grade and setback of adjacent buildings. If adjacent lot is vacant, submit
elevation of nearest buildings on same side of the road.
8. Location ofwell and/or private sanitary disposal system
9. Location of culvert and driveway access.
10. Location of sanitary sewer, storm sewer and municipal water when available
1 1, Type of monuments at each comer of lot.
12. Water courses or existing drainage ditches, including, but not limited to the
location and elevation of any floodplain and the location of a line representing
a point 2 feet above the flood elevation, wetland boundaries and form of
delineation and ordinary high water mark and distance 50 feet from.
13. Seal and signature of surveyor,
(B) Establishment of Grades: Every building hereafter erected, structurally altered or
relocated shall be at a grade approved by the Building Inspector as being in satisfactory
relationship with the established street grades or with the existing street grade where none
is established, with particular consideration for proper drainage and safe vehicular access.
(C) Grading of lots: The plans shall show the present and proposed grades of the lot on
which it is proposed to erect the building for which a building permit is sought and of the
immediately adjoining property in sufficient detail to indicate the surface water drainage
before and after the completion of the grading, No permit shall be issued if the erection of
the building and the proposed grades shall unreasonably obstruct the natural flow of water
from the surface of adjoining property or obstruct the flow of any existing ravine, ditch,
drain or storm water sewer draining neighboring property, unless suitable provision is
made for such flow by means of an adequate ditch or pipe, which shall be shown on the
plans and shall be constructed so as to provide continuos drainage at all times.
(D) Drainage:
1, Adequate Drainage Required: No principal building shall be erected,
structurally altered, or relocated on land which is not adequately drained at all
times nor which is subject to periodic flooding, nor so that the lowest floor
level is less than 3 feet above the highest anticipated seasonal ground water
level. An Occupancy Permit and Use Permit shall not be issued for any lot
where the grading plan approved for that lot at the time of its platting has not
been accomplished. (Am. #59)
2. Obstruction to Drainage Prohibited: The damming, filling, relocating or
otherwise interfering with the natural flow of surface water along any surface
water drainage channel or natural water course shall not be permitted except
with approval of the Plan Commission.
3. Building Restricted Adjacent to Drainage Channels or Watercourses: No
building other than a bridge dam, boathouse, or revetment subject to the
aforesaid approval, shall be erected, structurally altered or relocated within IO
feet of the ordinary high water line of surface water, drainage channel or 20
feet of the ordinary high water line of a natural watercourse nor so that the
lowest floor of said building is less than 3 feet above possible flood stage as
determined by the City Engineer,
(E) Sanitation and Water Supply:
1, No principle building involving human use or occupancy shall be permitted on
a lot unless provision is insured for safe and adequate facilities for water
supply and disposal of sewage. Satisfactory evidence to this effect shall be
submitted to the Building Inspector who shall verify that such facilities are
satisfactory and in conformity to all applicable ordinances thereto.
2. Where connection is not to be made to a municipal or other approved
communal sewage disposal system evidence must be submitted that safe
sewage disposal is possible based on the proposed use, the type ofdisposal
system, the permeability of the soil, and the size of the lot.
3. NO outhouse or privy shall be hereafter erected except as an accessory to
4. Where connection is not made to municipal or approved communal water
outdoor recreational areas of 5 acres or larger,
system no residential use shall be permitted unless provision is made for a safe
and adequate supply of drinking water
5. In districts designed for potential Municipal sewerage no structure involving
human occupancy or habitation shall be permitted prior to the installation of
municipal sewerage facilities serving such structure except as follows:
a. Where a single lot meets double the lot area and open space
requirements of the district in which it is located and has a minimum
average width equivalent to that required for a lot of such area in an
unsewered district, a single principal building may be permitted.
b. Where adjoining lots producing together double the lot size and open
space requirements of the district in which they are located are held in
ownership as a single lot, a single principal structure may be permitted
on the combined lots or on either one of the lots.
c. Where a single lot intended for building development has exclusive
easement for installation of a private sewage disposal system on an
adjoining lot or part thereof and the two parcels together produce
double the required lot size and open space requirements in the district
in which they are located, a single principal structure may be permitted
on the lot, provided restriction is placed on the other parcel preventing
any building on such parcel prior to the installation of municipal
sewerage facilities to both parcels, and provided further that any
structure existing or to be placed on the balance of the adjoining parcel
for which such easement is given has sufficient remaining area to
comply with the terms of this ordinance.
(F) Preservation of Topography: (Rep. & Recr. #219)
1. In order to protect the property owner from possible damage due to change in
the existing grade of adjoining lands and to aid in preserving and protecting the
natural beauty and character of the landscape, no change in the existing
topography of any land shall be made which would result in increasing any
portion of the slope to a ratio greater than 2 feet horizontal to one foot
vertical. In no case shall any change in topography be made which would
likely result in soil erosion.
2. Retaining walls may be permitted in accordance with Section 4.05(2)D.4
3. No change in topography shall be made which would adversely affect the
adjoining property.
4. If any change in grade is made, the following provisions shall be required:
a. Adequate drainage to streets, ditches, storm sewers, or other approved
areas must be provided directly from the property.
b. Safe disposal of runoff caused by rooftops, pavements, and
straightened waterways shall be provided.
5. Any material conveyed to or from a lot or site for the purpose of changing the
topography of said lot or site shall have City approval.
(G) Protection of Solar Access. (Ord. M11 - 6-23-81)
1, No plantings shall be planted which would shade an existing solar collector on
adjoining properties.
THEREFORE BE IT FURTHER RESOLVED, That the Plan Commission recommends
approval to amend Chapter 17, Section 6.01 Engineering Regulations of the City of Muskego
Zoning Ordinance as read in the third WHEREAS.
Plan Department
City of Muskego
Adopted
Defeated 06-16-98
Deferred
06-09-98