A. 
Jurisdiction. Jurisdiction of these regulations shall include all lands and waters within the corporate limits of the City and those lands within the extraterritorial jurisdiction of the City as established in §§ 62.23(2), 236.02 and 236.10, Wis. Stats. The provisions of this chapter which apply to divisions of tracts of land into less than five parcels shall not apply to:[1]
(1) 
Transfers of interest in land by will or pursuant to court order.
(2) 
Leases for a term not to exceed 10 years, mortgages or easements.
(3) 
Sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the minimum size required by these regulations, Chapter 400, Zoning, of the City Code or other applicable laws or ordinances.
(4) 
Cemetery plats made under § 157.07, Wis. Stats.
(5) 
Assessors' plats made under § 70.27, Wis. Stats., but such Assessors' plats shall comply with §§ 236.15(1)(ag) to (g) and 236.20(1) and (2)(a) to (e), Wis. Stats.
(6) 
Sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the minimum size required by these regulations, Chapter 400, Zoning, of the City Code or other applicable laws or ordinances when accomplished by a certified survey map, when not prohibited by other laws or ordinances, including but not limited to § 236.34(1m)(e), Wis. Stats. The certified survey map pursuant to this subsection may be executed by the Public Works and Development Director or designee without the necessity of Plan Commission or Common Council review.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Compliance. No person shall divide any land located within the jurisdictional limits of these regulations so that such division results in a subdivision, minor land division or replat as defined herein; no such subdivision, minor land division or replat shall be entitled to recording; and no street shall be laid out or improvements made to land without compliance with all requirements of this chapter and the following documents:
(1) 
Provisions of Ch. 236, Wis. Stats.
(2) 
Rules of the Wisconsin Department of Safety and Professional Services, as contained in Ch. SPS 383, Wis. Adm. Code, regulating lot size and lot elevation if the land to be subdivided is not served by a public sewer and provisions for such service have not been made.
(3) 
Rules of the Wisconsin Department of Transportation, as contained in Ch. Trans 233, Wis. Adm. Code, relating to safety of access and the preservation of the public interest and investment in the highway system if the land owned or controlled by the subdivider abuts on a state trunk highway or connecting street.
(4) 
Rules of the Wisconsin Department of Natural Resources, as contained in Chs. NR 116, 117 and 118 , Wis. Adm. Code, setting water quality standards, preventing and abating pollution and regulating development within floodland, wetland and shoreland areas.
(5) 
Approved Comprehensive Plan or Comprehensive Plan components of the City.
(6) 
Chapter 400, Zoning, of the City Code and all other applicable local and county ordinances.
A. 
Streets, highways and drainageways. Whenever a tract of land to be subdivided within the jurisdiction of this chapter encompasses all or any part of an arterial or collector street, drainageway, other public way or public access to navigable lakes or streams which has been designated in the adopted regional, county or City comprehensive plan or adopted comprehensive plan components or on the Official Street System Map, such public way shall be made a part of the plat or certified survey map and dedicated or reserved by the subdivider in the locations and dimensions indicated on such plan, comprehensive plan component or map and as set forth in §§ 392-28 through 392-34 of this chapter.
B. 
Schools, parks, environmental corridors and other open spaces. Whenever a tract of land to be divided within the City encompasses all or part of a school site, park site, environmental corridor or other open space, other than streets, highways, drainageways, other public ways or public access to navigable lakes or streams, which has been designated on an adopted regional, county or City comprehensive plan or adopted comprehensive plan component of the City, such school site, park site, environmental corridor or other open space shall be made a part of the plat or certified survey map and dedicated by the subdivider in the locations and dimensions indicated on such plan and in accordance with the procedures in § 392-34 of this chapter.
[Amended 9-17-2009 by Ord. No. 1303]
C. 
Floodlands and shorelands. Whenever floodlands and shorelands are contained in a tract of land proposed to be divided into lots, building sites or parcels of less than five acres in area, all floodlands and those shorelands designated for park, recreation, environmental corridor or other open space land use in a comprehensive plan or a component of such a comprehensive plan prepared by state, regional, county or municipal agencies and adopted or acknowledged by the City and lying within the below-specified distances from the high-water elevation shall, at the discretion of the Common Council following recommendation by the Plan Commission, be dedicated to the public by the subdivider. The lot area should generally not include such shorelands and floodlands.
[Amended 9-17-2009 by Ord. No. 1303]
D. 
Proportionate payment in lieu of dedication.
(1) 
Payment in lieu of park dedication (active and passive).
(a) 
If the Common Council has determined that such dedication is not feasible or compatible with development of the community, the developer shall in lieu thereof pay to the City a fee, as from time to time established by resolution of Common Council, to defray the impact the additional development and residences will have on City parks and the preserving of the City's agricultural, natural and cultural resources within the City's park system.
(b) 
Such fees shall be placed in two nonlapsing funds (one for active recreational park system uses and one for passive recreational uses) and shall be used exclusively for funding the acquisition or initial improvement of land for public parks as per 2007 Wisconsin Act 44. The improvement of land for public parks means grading, landscaping, installation of utilities, construction of sidewalks, installation of playground equipment, and construction or installation of restroom facilities on land intended for public park purposes. The City of Muskego Parks and Conservation Plan distinguishes land for public park purposes as active (parks) and passive (conservation). Such fees shall be applied to residential development on the basis of total number of newly created residential dwelling units, newly created lots, and per acre of developable land. Such fees shall apply to units/lots/acres of developable land created by subdivision platting, condominium platting, certified survey map or planned unit development.
(2) 
Where the development results in the creation of not more than one additional unit or parcel of land, payment shall be required only for the additional unit.
(3) 
If the parent parcel on a certified survey map, with an existing dwelling upon it, remains unchanged (meaning no construction or grading), the parent parcel will not be assessed the per-acre dedication fee until the time of further division. (Note: Parent parcel would be one of the new parcels created by a land division that has an original residence upon it.)
(4) 
Payment shall be in a lump sum and shall be paid prior to City execution of the final plat, final condominium plat, certified survey map, or planned development and before the City allows the recording of the documents stated.
(5) 
Where a lot or parcel for which payment has once been made is further divided, payment shall be required for the additional lots or parcels created.
(6) 
For the purpose of this chapter, the definition of "nondevelopable land" for the per-acre dedication fee shall constitute wetlands and/or preservation/conservation easement areas and shall not be charged the per-acre dedication fee.
(7) 
The Parks and Conservation Committee will be the governing body for determinations of dedication fee "in lieu of" situations, where a developer may make land dedications in return for not having to pay dedication fees.
Before final approval of any plat or certified survey map located within the jurisdictional limits of this chapter, the subdivider shall install street, utility and other public improvements as provided below. In addition:
A. 
Contract approvals. Contracts and contract specifications for the construction of street and utility improvements on dedicated street rights-of-way, as well as the contractors and subcontractors who are to be engaged in the construction of street and utility improvements on dedicated street rights-of-way, shall be subject to review and approval of the City Engineer and approval of the City.
B. 
Governmental units. Governmental units to which these bonds and contract provisions apply may file, in lieu of such contract and bond, a letter from officers authorized to act on their behalf agreeing to comply with the provisions of this section.
C. 
Survey monuments. Before final approval of any plat within the corporate limits of the City or its extraterritorial jurisdictional limits, the subdivider shall install survey monuments placed in accordance with § 236.15, Wis. Stats., and as may be required by the City Engineer.
D. 
Plats outside the corporate limits. Before final approval by the City of any plat or certified survey map located outside the corporate limits of the City, but within the plat approval jurisdiction of the City, the subdivider shall give evidence that he has complied with all street and utility improvements of the town in which the land being platted is located.
E. 
Advance reimbursement. The subdivider shall pay the City in advance of signing the subdivider's agreement for all fees, expenses and disbursements which are incurred by the City and reimburse the City, without limitation by reason of enumeration, for design, engineering, preparation, checking and review of designs, plans and specifications; supervision and inspection to ensure that construction is in compliance with applicable plans, specifications, regulations and ordinances; and legal, administrative and fiscal work undertaken to assure and implement such compliance.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Where in the judgment of the City Plan Commission it would be inappropriate to apply literally the provisions of § 392-28 and where, in the judgment of the Common Council, it would be inappropriate to apply literally the provisions of § 392-35 of this chapter because the proposed subdivision is located outside the corporate limits of the City or because exceptional or undue hardship would result, the Plan Commission or Council may grant a variance from any requirement to the extent deemed just and proper.
B. 
No variance to the provisions of this chapter shall be granted unless the Plan Commission finds all the following facts and conditions exist and so indicates in the minutes of its proceedings:
(1) 
Exceptional circumstances. There are exceptional, extraordinary or unusual circumstances or conditions where a literal enforcement of the requirements of this chapter would result in severe hardship. Such hardships should not apply generally to other properties or be of such a recurrent nature as to suggest that this chapter should be changed.
(2) 
Preservation of property rights. Such variance is necessary for preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity.
(3) 
Absence of detriment. The variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this chapter or the public interest.
C. 
A minimum of five affirmative Plan Commission member votes shall be required to grant any variance to this chapter.
D. 
The Common Council may waive the placing of monuments required under § 236.15(1)(b), (c) and (d), Wis. Stats., for a reasonable time, not to exceed one year, on condition that the subdivider execute a surety bond to insure the placing of such monuments within the required time limits established by statute. Additional time may be granted upon show of cause.
E. 
When such relief is granted, it shall be without detriment to the public good and without impairing the intent and purpose of this chapter or the desirable general development of the City in accordance with the adopted regional, county or City comprehensive plans or adopted plan components. The reasons shall be entered in the Plan Commission minutes.
No land shall be subdivided as a plat or certified survey map which is determined to be unsuitable for such use by the Plan Commission, upon the recommendation of the City Engineer or any other agency as determined by the Plan Commission, for reason of flooding, inadequate drainage, adverse soil or rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities or any other feature likely to be harmful to the health, safety or welfare of future residents of the proposed subdivision or the City. In addition:
A. 
Floodlands.
(1) 
No lot served by public sanitary sewerage facilities shall have less than its required lot area, as specified in the zoning district regulations, below the elevation of the one-hundred-year recurrence interval flood, or, where such data is not available, the elevation shall be determined by a registered professional engineer and the sealed documents shall be approved by the City Engineer.
(2) 
For planned development projects served by public sanitary sewerage facilities, no lot shall have less than the average lot area, as specified by the Plan Commission, below the elevation of the one-hundred-year recurrence interval flood, or, where such data is not available, the elevation shall be determined by a registered professional engineer and the sealed documents shall be approved by the City Engineer.
(3) 
No lot of one acre or less in area served by an on-site sanitary sewage disposal (septic tank or mound) system shall include floodlands. All lots more than one acre in area served by a septic tank system or mound system shall contain not less than 40,000 square feet of land which is at an elevation above the elevation of the one-hundred-year recurrence interval flood, or, where such data is not available, the elevation shall be determined by a registered professional engineer and the sealed documents shall be approved by the City Engineer.
B. 
Shorelands. Shorelands shall not be divided into building sites which are to be served by soil absorption waste disposal systems.
C. 
Fill materials.
(1) 
Lands made, altered or filled with non-earth materials within the last 10 years shall not be divided into building sites which are to be served by soil absorption waste disposal systems.
(2) 
Lands made, altered or filled with non-earth materials within the preceding 20 years shall not be divided into building sites which are to be served by soil absorption waste disposal systems except where soil tests prepared by a professional soil scientist clearly show the soils are suited to such use. Soil reports shall include, but need not be limited to, an evaluation of soil permeability, depth to groundwater, depth to bedrock, soil bearing capacity, and soil compaction. To accomplish this purpose, a minimum of one test per acre shall be made initially. The City does not guarantee, warrant or represent that the required samples represent conditions on an entire property and thereby asserts that there is no liability on the part of the Common Council, its agencies or employees for sanitary problems or structural damages that may occur as a result of reliance upon such tests.
D. 
Steep slopes. Each lot proposed to be served by an on-site soil absorption sewage disposal system shall have 50% of its minimum required lot area or 20,000 square feet, whichever is less, in slopes of less than 12%.
E. 
Shallow bedrock. Lands having bedrock within six feet of the natural undisturbed surface shall not be divided into building sites to be served by soil absorption sewage disposal systems.
F. 
Shallow groundwater table. Lands having groundwater within six feet of the natural undisturbed surface shall not be divided into building sites to be served by soil absorption sewage disposal systems.
G. 
Percolation rates. Soils having a percolation rate slower than 60 minutes per inch shall not be divided into building sites to be served by soil absorption sewage disposal systems.
H. 
Plan Commission. The Plan Commission, in applying the provisions of this section, shall in writing recite the particular facts upon which it bases its conclusion that the land is unsuitable for residential use and afford the subdivider an opportunity to present evidence in rebuttal to such finding of unsuitability, if he so desires. Thereafter, the Commission may affirm, modify or withdraw its determination of unsuitability.
Heavily wooded areas should be preserved insofar as possible and by application of reservation and dedication provisions of this chapter and other applicable ordinances. The subdivider shall not remove trees in anticipation of a land division until final subdivision approval is received. Each tree exceeding three inches in diameter at 4.5 feet above the ground that is removed in preparation for development shall be replaced on a one-to-one ratio. Each tree of 10 inches to 20 inches in diameter at 4.5 feet above the ground that is removed in preparation for development shall be replaced on a one-to-four ratio. Each tree of 20 to 30 inches in diameter at 4.5 feet above the ground that is removed in preparation for development shall be replaced on a one-to-eight ratio. Each tree of 30 plus inches in diameter at 4.5 feet above the ground that is removed in preparation for development shall be replaced on a one-to-twelve ratio. A tree survey may be required to adequately make these determinations. 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 land management fund at a rate commensurate with planting said mitigation trees.