City of Muskego, WI Article VIII Design Standards: Conservation Subdivisions

§ 392-54 Land suitability.

No land shall be developed which is held to be unsuitable for any proposed use if identified as being environmentally sensitive. Areas identified as being environmentally sensitive include, but are not limited to:

A. All areas mapped as floodplain by the Federal Emergency Management Agency (FEMA), Wisconsin Department of Natural Resources, or other public or private entity.

B. All wetlands as defined in § NR 103.02(5), Wis. Adm. Code, including any applicable DNR wetland setbacks/offsets. Also, the City of Muskego's wetland protection offsets identified in the Zoning Code to serve as a protection buffer.

C. All areas within 50 feet of the ordinary high-water mark of navigable streams and lakes, as identified by the Public Works and Development Director or his designee.

D. All areas having slopes greater than 12%.

E. Areas that are known to provide habitat for rare, threatened or endangered species.

F. Burial sites and Indian mounds.

G. Drainageways that contain running water during spring runoff, during storm events or when it rains. A twenty-five-foot buffer from the edge of the drainageway shall be included. Areas determined to be environmentally sensitive may be included as common open space in a conservation subdivision but shall not be included in the development yield analysis. These lands shall be identified as an outlot or other designation that indicates the land is not available for development.

§ 392-55 Development yield. [1]

The number of residential units for a parcel shall be determined in accordance with § 400-133F(3), Density and density bonuses, of Chapter 400, Zoning, of the City Code.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 392-56 Performance standards.

A. General consideration. The Plan Commission shall have the ability to specify which areas shall be preserved.

B. Agricultural use. If agricultural uses are proposed to be maintained, lots shall be configured in a manner that maximizes the usable area remaining for such agricultural uses, with appropriate buffers between agricultural uses and residential structures.

C. Residential lot requirements. Residential parcels located within conservation subdivisions shall conform to the CPD Conservation Planned District zoning regulations respectively and the following:

(1) Lots shall be in conformance with the design standards identified in § 392-30A, B, C and H.

(2) All lots and dwellings shall be grouped into clusters of no more than 20 dwelling units. Said clusters shall:

(a) Be located to minimize negative impacts on the natural, scenic, and cultural resources of the site and minimize conflicts between incompatible uses.

(b) Avoid encroaching on rare plant communities, high-quality environmental resources, or endangered resources as may be identified by the Wisconsin Department of Natural Resources.

(3) Lots shall be configured to minimize the amount of road length required for the subdivision.

(4) Lots shall be configured away from wetlands to minimize the amount of possible runoff and impacts on these environmental lands.

(5) All lots shall abut open space on at least one side. A minor street may separate lots from said open space.

(6) Lots shall be oriented around one or more of the following:

(a) A central green or open space.

(b) A physical amenity such as a meadow, stand of trees, or other natural or restored feature.

D. Open space standards. Open space shall be designated as part of the development.

(1) The minimum required open space is 50% of the gross acreage. Rights-of-way shall not count towards open space requirements. Stormwater outlots may count towards open space requirements, subject to Plan Commission approval, when they are subject to deed restrictions, easements, or open space management plans.

(2) All open space shall be owned and maintained under one of the alternatives listed in Subsection E and as approved by the City.

(3) The uses within the open space shall be accessible to the residents of the development. These uses may also be available to the general public provided the proper approvals are received. The required open space shall be undivided and restricted in perpetuity from future development, as specified in Subsection E.

(4) That portion of open space designed to provide plant and animal habitat shall be kept as intact as possible. Trails shall be designed to avoid fragmenting these areas.

(5) Accessible open space in upland areas shall be available for recreational uses such as trails, play fields, or community gardens but should be designed in a manner that avoids adversely impacting archaeological sites.

(6) A pathway system connecting open space areas accessible to neighborhood residents and connecting these areas to neighborhood streets and to planned or developed trails on adjacent parcels shall be identified in the plan.

(7) The following areas or structures may be located within the open space area and shall be counted toward the overall open space percentage required:

(a) Parking areas for access to and use of the open space developed at a scale limited to the potential users of the open space.

(b) Privately held buildings or structures provided they are accessory to the use of the open space.

(c) Shared septic systems and shared water systems.

E. Ownership and maintenance of common areas. The designated common open space and common facilities may be owned and managed by one or a combination of the following below. It should be noted that common areas may be mandated as per § 392-34 of this chapter.

(1) An incorporated homeowners' association. Membership in the association is mandatory for all purchasers of homes in the development and their successors. The homeowners' association bylaws, guaranteeing continuing maintenance of the open space and other common facilities, and the declaration of covenants, conditions and restrictions of the homeowners' association shall be submitted for approval to the City as part of the information required for the preliminary plat.

(2) A condominium association established in accordance with the Condominium Ownership Act, Ch. 703, Wis. Stats. If the common open space and facilities are to be held under the Condominium Ownership Act, Ch. 703, Wis. Stats., the condominium instruments shall identify the restrictions placed upon the use and enjoyment of the common open space. All common open space shall be held as a "common element" as defined in § 703.02(2), Wis. Stats.

(3) A nonprofit conservation organization. If the common open space is to be held by a nonprofit conservation organization, the organization must be acceptable to the City of Muskego. The conveyance to the nonprofit conservation organization must contain appropriate provisions for reversion in the event that the organization becomes unwilling or unable to uphold the terms of the conveyance.

(4) The City of Muskego or another governmental body empowered to hold an interest in real property. The City may accept the common open space provided the common open space is accessible to the public and provided the City agrees to and has access to maintain the common open space.

(5) An individual who will use the land for open space purposes as provided by a conservation easement.

F. Streets. Right-of-way widths and design standards shall be in conformance with design standards identified in § 392-28C and D.