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City of Muskego, WI
Waukesha County
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Table of Contents
Table of Contents
All required improvements shall be constructed in accordance with plans and standard specifications approved by the City Public Works and Safety Committee, City Engineer, 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 § 392-49 of this chapter.
A. 
The improving of a dedicated roadway to City specifications must follow the following guidelines: All land divisions which create new public right-of-way shall be required to improve, within said right-of-way, 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 stormwater management requirements must be met should the improvements add more than 1/2 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:
(1) 
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 and gutter and storm sewer.
(2) 
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 and Safety Committee decision regarding the type of improvements required. The only option the Public Works and Safety Committee will consider other than curb and 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 for this maintenance shall be recorded in a developer's agreement approved the City's Common Council concurrent with the final land division document.
(3) 
Private driveways within newly created public right-of-way are not allowed under any circumstance.
B. 
Improvements to be extended to farthest limit of parcel or lot. Any and all improvements, streets, or utility services required by this chapter, 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 information of engineering staff, that a resulting development will cause increased effects 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.
C. 
Improvements to be extended to farthest affected area. Any and all improvements, streets, or utility services required by this chapter, for the subdivision, certified survey map, or condominium plat, shall be extended to the farthest affected area. If determined by the Public Works and Safety Committee or Plan Commission, based on the information of engineering staff, that a resulting development will cause increased effects 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.
The subdivider shall install survey monuments placed in accordance with the requirements of § 236.15, Wis. Stats., and as may be required by the City Engineer.
A. 
Cut and filled lands shall be graded in accordance with the approved plans or the soil's angle of repose, whichever is the lesser, and an approved cover shall be established within 30 days following completion of grading operations or such additional time period as may be approved by the City Engineer.
B. 
The subdivider shall grade the full width of the right-of-way of all streets proposed to be dedicated in accordance with plans and standard specifications approved by the City Public Works and Safety Committee and any agency having jurisdiction, including the Wisconsin Department of Natural Resources, upon the recommendation of the City Engineer. The subdivider shall grade the roadbeds in the street rights-of-way to subgrade.
C. 
Where electric and communication facilities are to be installed underground, the utility easements shall be graded to within six inches of final grade by the subdivider prior to the installation of such facilities, and earth fill, piles or mounds of dirt or construction materials shall not be stored on such easement areas.
After the installation of all utility and stormwater drainage improvements, the subdivider shall surface all roadways, in streets proposed to be dedicated, to the widths prescribed by these regulations and the adopted comprehensive plans or adopted plan components. Such surfacing shall be done in accordance with plans and standard specifications approved by the City Public Works and Safety Committee, upon the recommendation of the City Engineer, and adopted by the Common Council or its authorized agents. The second lift of asphalt shall be installed in accordance with policies established from time to time by the Public Works and Safety Committee.
The Common Council may require the subdivider to construct concrete curb and gutters in accordance with plans and standard specifications approved by the City Public Works and Safety Committee, upon the recommendation of the City Engineer, and adopted by the Common Council or its authorized agents. Mountable curbs shall generally be constructed. Wherever possible, provision shall be made at the time of construction for driveway access curb cuts. The cost of installation of all inside curbs and gutters for dual roadway pavements on the established arterial street and highway system for the City shall be determined based upon policies established from time to time by the Public Works and Safety Committee.
A. 
The Plan Commission and Common Council may require the subdivider to construct a concrete sidewalk or asphalt off-road path on one side of all frontage streets and on one or both sides of all other streets within the subdivision. The construction of all sidewalks or off-road paths shall be in accordance with plans and standard specifications adopted by the Common Council.
B. 
Wider than standard sidewalks or off-road paths may be required by the Plan Commission and Common Council in the vicinity of schools, commercial areas and other places of public assemblage where the potential pedestrian density may warrant, and the Council may require the construction of sidewalks in locations other than required under the preceding provisions of this chapter if such walks are necessary, in its opinion, for safe and adequate pedestrian circulation.
When public sanitary sewer facilities are available to the subdivision plat or certified survey map, the subdivider shall construct sanitary sewerage facilities in such a manner as to make adequate sanitary sewerage service available to each lot within the subdivision. When only private sanitary sewer facilities are available to the subdivision plat or certified survey map, the subdivider shall follow the rules and restrictions of Waukesha County and Ch. SPS 383, Wis. Adm. Code. In addition:
A. 
All subdivisions and minor land divisions within the adopted sanitary sewer service area shall be provided with public sanitary sewer facilities, unless a waiver is granted by the Public Works and Safety Committee or Public Works and Development Director or designee in accordance with the procedures of Chapter 290, Sewers, of the City Code due to insufficient service.
B. 
The subdivider shall install sewer laterals to the street lot line for all lots.
C. 
The size, type and installation of all sanitary sewers and sanitary sewer laterals proposed to be constructed shall be in accordance with plans and standard specifications adopted by the Common Council.
D. 
The subdivider shall assume the cost of installing all sanitary sewers, sewer laterals and sewer appurtenance within the proposed subdivision, except for the added cost of installing sewers greater than eight inches in diameter which are necessary to serve tributary drainage areas lying outside of the proposed subdivision, unless the over-sizing is required to serve vacant lands owned or controlled by the subdivider or adjacent landowner. In addition, the subdivider shall pay to the City a sanitary sewer trunk line connection fee based on the added cost of installing larger sewers in the total tributary drainage area which shall be prorated in proportion to the ratio which the total area of the proposed plat is to the total drainage area to be served by such larger sewers.
A. 
The subdivider shall construct stormwater drainage facilities adequate to serve the subdivision which shall include, but not be limited to, curbs and gutters, catch basins and inlets, storm sewers, road ditches, open channels, water retention structures, water detention structures, temporary sedimentation basins, and settling basins. All such facilities shall be of adequate size and grade to hydraulically accommodate the maximum potential volumes of flow and shall be so designed as to prevent and control soil erosion and sedimentation and to present no hazard to life or property. All stormwater drainage facilities shall be constructed in accordance with Chapter 309, Stormwater Management, of the City Code.
B. 
The subdivider shall assume the cost of installing all storm sewers within the proposed subdivision or minor land division, except for the added cost of installing storm sewers greater than those which are necessary to serve tributary drainage areas lying outside of the proposed subdivision. In addition, the subdivider shall pay to the City a storm sewer trunk line connection fee based on the added cost of installing larger sewers in the total tributary drainage area which shall be prorated in proportion to the ratio which the total area of the proposed plat is to the total drainage area to be served by such larger sewers.
C. 
Copies of all DNR and United States Army Corps of Engineer permits shall be submitted to the City prior to any construction or disturbances of land.
When public water supply and distribution facilities are available to the subdivision plat, the subdivider shall cause such water supply and distribution facilities to be installed in such a manner as to make adequate water service available to each lot within the subdivision. The subdivider shall make provision for adequate private water systems as required by the City in accordance with the standards of the Wisconsin Department of Natural Resources and Department of Health Services. In addition:
A. 
All subdivisions and minor land divisions within the water supply service area of the City shall be provided public water supply and distribution facilities or community well facilities, unless a waiver is granted by the Public Works and Safety Committee.
B. 
The subdivider shall install water laterals to the street lot line for all lots.
C. 
Where a community well is approved by the Common Council as a water distribution system for the subdivision, the developer shall require the installation of water meters in accordance with the rules and regulations of the City and the State Plumbing Code. The meter water usage shall be the basis for establishing water rates in the subdivision.
D. 
The size, type and installation of all public or private water mains proposed to be constructed shall be in accordance with plans and standard specifications approved by the Common Council.
E. 
The subdivider shall assume the cost of installing all water mains, water laterals and water system appurtenances within the proposed subdivision except for the added cost of installing water mains greater than eight inches in diameter. The added cost of water mains greater than eight inches in diameter shall be borne by the City Water Utility.
A. 
The subdivider shall cause gas, electrical power, cable television and telephone facilities to be installed in such a manner as to make adequate service available to each lot in the subdivision or minor land division. No such electrical, telephone or cable television service shall be located on overhead poles. In addition, plans indicating the proposed location of all such utilities shall be approved by the City Engineer.
B. 
All new electric or communication lines from which lots are individually served shall be installed underground within all newly platted subdivisions or minor land divisions unless the Plan Commission shall find that the lots to be served by such facilities can be served directly from existing overhead facilities. Associated equipment and facilities which are pertinent to underground electric and communications systems, including but not limited to substations, pad-mounted transformers, pad-mounted sectionalizing switches and pedestal-mounted terminal boxes, may be located above ground. Any landscape screening plan required for such aboveground equipment shall be submitted to the affected utilities for approval.
A. 
Streetlamps and poles. The subdivider shall pay to the City the cost to install streetlamps and lamp poles, of a design approved by the City Engineer, at each subdivision street which intersects an arterial or collector and at such interior block spacing as may be required by the Common Council.
B. 
Signs. The subdivider shall pay to the City the costs for installing street signs of a design approved by the City Public Works and Development Director or designee at the intersection of all streets proposed to be dedicated, which signs shall be provided and installed by the City.
C. 
Trees.
(1) 
On all streets the subdivider shall plant one large street tree for each 50 feet of frontage, or one small street tree for each 30 feet of frontage, on all streets proposed within and adjacent to the subdivision. All street trees shall be located within an easement dedicated for street tree purposes, outside of the City street right-of-way and within five feet of the front lot line (on the homeowner's lot), unless otherwise determined by the Plan Commission on the basis of existing conditions in terms of natural tree coverage. The Public Works and Development Department shall maintain a list of approved street trees for small and large planting areas.
(2) 
Street tree planting shall be completed in accordance with the plans and specifications approved by the Plan Commission and/or City Forester and shall be warranted by the subdivider for 12 months following the day of planting and the City Forester's initial inspection. Twelve-month warranty may begin after the initial day of planting if the City Forester is not notified in advance of the day of planting. In this case, the twelve-month warranty begins the day the City Forester is notified the planting has taken place and the initial inspection of that planting has taken place by the City Forester.
(3) 
The lot owner shall be responsible for all street tree maintenance following the initial planting and twelve-month warranty period required of the subdivider. The lot owner shall replace any dead or dying trees per the original plans and specifications approved by the Plan Commission and/or City Forester at the lot owner's full expense.
(4) 
The subdivider shall submit a bond or letter of credit in an amount determined by the City Engineer to cover the costs of trees, planting, and maintenance for 12 months following initial planting. The bond or letter of credit shall be in effect for 18 months following initial planting and shall not be reduced or released until all required trees have been inspected by the City and deemed to be in a healthy and flourishing condition. Trees determined by the City to be dead or dying shall be replaced at the subdivider's full expense.
Where a subdivision or minor land division abuts an existing street or half street and lots within the subdivision or minor land division access the existing street or half street, the subdivider shall be responsible for installing and paying for half the improvements in the existing street or half street right-of-way. The City shall be responsible for paying the remaining half of the improvements. The City's responsibility may include conducting special assessments for the benefited properties.