City of Muskego, WI Article V General Provisions

§ 400-22 Uses regulated.

A. Uses restricted. No structure or land shall be used and no structure shall be hereafter erected, structurally altered, or relocated except for a use as permitted and in compliance with the regulations hereinafter established for the district in which it is located.

B. Uses classified. For the purpose of this chapter all uses shall be classified according to the following categories:

(1) Permitted uses by right. Principal uses the permissibility of which is a predetermined right anywhere in the district in which located subject only to the regulations established governing such use.

(2) Permitted accessory uses. Uses incidental, customary to, and commonly associated with a permitted principal use.

(3) Permitted uses by conditional grant. Uses, the nature, character, or circumstances of which are so unique, or so dependent upon the specific contemporary conditions, that predetermination of permissibility by right, or the detailing in this chapter of the specific standards, regulations, or conditions necessary or appropriate to such permissibility, is not practical but which may be permitted in the districts where listed subject to certain conditions and requirements as hereinafter specified.

C. Unclassified uses. Any use not specifically listed as a permitted use shall be considered to be prohibited except as may be otherwise specifically provided hereinafter. In case of questions as to the classification of a use, the question shall be submitted to the Plan Commission for determination.

D. Additional requirements. Any use, in any district, which becomes hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood may be required to be corrected or improved by such measures as are directed by the Common Council consistent with reasonable technological and economic practically.

§ 400-23 Building location.

A. Location restricted. No building shall be hereafter erected, structurally altered or relocated on a lot except in conformity with the following locational regulations as hereinafter specified for the district in which it is located.

B. Setbacks. The proximity of a building to a public street or way is regulated by setback provisions as follows:

(1) Base setback lines are hereby established parallel to the center line of all public streets and ways as follows:

(a) On all principal traffic arteries as designated by the City of Muskego Arterial Street System Plan and as set forth in the Comprehensive Plan, the base setback line shall be located a distance from the center line of the right-of-way equal to 1/2 the width of the right-of-way as referred to above.[1]

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

(b) On all other streets, which shall be designated as "local streets," the base setback line shall be located 30 feet from the center line of such street or 60 feet from the center point of a cul-de-sac unless specifically designated otherwise by action of the Common Council.

(c) In the case of frontage streets along principal traffic arteries, the base setback line shall be located on the property line as established by the frontage street.

(2) No building shall hereafter be erected, structurally altered, or relocated so that it is closer to the base setback line than the setback distance hereinafter specified by the regulations of the district in which it is located, with the following exceptions applicable only where the setback requirements affecting all properties are identical, and provided that in no case shall any building be permitted forward of the base setback:

[Amended 4-18-2013 by Ord. No. 1371]

(a) Where the nearest existing principal building on one side of said building is within 500 feet and has less than the required setback, the average between such existing setback and the required setback shall apply.

[Amended 6-26-2018 by Ord. No. 1418]

(b) Where the nearest principal buildings on both sides of said building are within 500 feet of said building but not closer than 300 feet to each other and have less than the required setback, the average of such existing setbacks and the required setback shall apply.

[Amended 6-26-2018 by Ord. No. 1418]

(c) Where the nearest principal buildings on both sides of said building are within 300 feet of each other and have less than the required setback, the average between such existing setbacks shall apply.

(d) In the case of a proposed addition to an existing building which has less than the required setback, such existing building may be considered the "nearest existing building" in order to apply the aforesaid exceptions in determining required setback for the proposed addition.

(e) Where a public right-of-way exists that is underimproved or unimproved and is a secondary right-of-way along the rear of a property, the setback shall instead be treated as a typical rear offset, based on the underlying zoning, as related to the location of structures on the property. This does not apply along private roads, as defined by the Public Works and Development Department. If an underimproved or unimproved right-of-way becomes improved to City standards, then said structures allowed per the location waiver of this code section would become legal nonconforming.

[Added 11-17-2021 by Ord. No. 1466]

(3) The setback as required by Subsection B(2) above shall be measured from the nearest enclosed or roofed portion of a building; provided, however, that the first two feet of an overhanging eave and gutter shall not be included.

(4) The only structures permitted within such setback area shall be necessary highway and traffic signs, public utility lines and poles, walls and fences, as regulated by this code, rural mailboxes, signs as permitted under the individual district regulations or as permitted by Article XVI of this chapter, structures other than buildings as regulated by this code, temporary structures and underground buildings as regulated by this code.

(5) Additions to and replacements of existing structures lying between the base setback line and the existing street right-of-way may be made subject to approval of the Plan Commission and provided the owner will file with the City and record as part of the deed for such property an agreement in writing to the effect that the owner will remove all new construction, additions and replacements erected after the adoption of this chapter at his expense, when necessary for the improvement of the street, and will claim no damage for the same.

(6) Vision setback lines at the intersections of public streets and of a street with a railroad, where the grade is not separated, are hereby established as follows:

(a) Across each sector between the intersection of a street with a railroad a vision setback line shall be established by a straight line connecting points on the base setback line and the railroad right-of-way line, which points are located 120 feet from the intersection of the base setback line and the railroad right-of-way line.

(b) Across each section between intersecting streets, both of which have a designated width of 100 feet or greater, a vision setback line shall be established by a straight line connecting two points on the intersecting base setback lines, which points are located 60 feet from the intersection of said base setback lines.

(c) Across each section between intersecting streets, one of which has a designated width of 100 feet or greater, a vision setback line shall be established by a straight line connecting two points on the intersecting base setback lines, which points are located 60 feet from the intersection of said base setback lines for the street with the width of 100 feet or greater and 30 feet from the intersection of said base setback lines for the street with the width of less than 100 feet.

(d) Across each sector between any other intersecting street a vision setback line shall be established by a straight line connecting two points on the intersecting base setback lines, which points are located 30 feet from the intersection of said base setback lines.

(7) In the vision setback area no structure of any kind shall be permitted which exceeds a height of 2 1/2 feet above the elevation of the center of the intersection, except for necessary highway and traffic signs, public utility lines, and open fences through which there is clear vision, nor shall any plant material or natural growth be permitted which obscures safe vision of the approaches to the intersection. Vision setback area encumbrances may be allowed in certain zoning districts that allow reduced setbacks if determined that the proposed development does not impede safety.

(8) On corner lots, of record as of the date of this chapter, the effect of the setback regulations shall not reduce the buildable width of such corner lot to less than 30 feet.[2]

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

(9) Vision setback area variations may be allowed if it is found by the Public Works and Safety Committee that a proposed development does not impede safety at both the present and future time.

C. Offsets. The proximity of a building to any other lot line than a street line is regulated by offset provisions as follows:

(1) No building shall hereafter be erected, structurally altered, or relocated so that it is closer to any lot line than the offset distance hereinafter specified by the regulations for the district in which it is located, except as follows:

(a) In the case of any lot of record which has a minimum average width less than that required by the district in which it is located, the offset from a side lot line may be reduced proportionately to the ratio between the actual minimum average width and the required minimum average width; provided, however, that no offset shall in any case be less than 1/2 the required offset.

(b) In the case of single-family attached, multiple-family, commercial, or industrial use structures, two or more buildings on adjoining lots may be erected with common or directly adjoining walls, provided that the requirements of the State Commercial Building Code relative to such construction are complied with and provided that at both ends of such row-type buildings the applicable offset requirements shall be complied with.

[Amended 4-18-2013 by Ord. No. 1371[3]]

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

D. How measured. The offset shall be measured from the roofed or enclosed portion of a building, including overhanging eaves, except that the first two feet of an overhanging eave and gutter shall not be included.

E. Maintenance and use of setback and offset areas. Any such required setback or offset area shall be landscaped and kept clean and free from the accumulation of debris or refuse and shall not be used for storage or display of equipment, products, vehicles, or any other material except as may be specifically otherwise permitted under this chapter. This does not apply to any storage that is contained within an approved accessory structure or approved screening device.

[Amended 2-4-2010 by Ord. No. 1311]

F. Building/structure separation. No two buildings (shed, accessory structures, homes, etc.) on a lot shall be erected, structurally altered, or relocated so that any roofed or enclosed portion of a building is located closer than 10 feet to another building on the lot, although the separation can be reduced to no less than five feet if building codes are met in relation to fire walls.

[Amended 8-19-2010 by Ord. No. 1326]

G. Wetland protection offset. No building or structure shall hereafter be erected, structurally altered, or relocated so that it is located closer than the distances listed below to a delineated wetland area. The purpose of this protection offset is to preserve the wetland areas themselves and the environmentally sensitive areas immediately around the wetland areas. These wetland protection offsets are separate and different from any Department of Natural Resources (DNR) wetland requirements. Any DNR restrictions relating to wetlands and wetland offsets apply in addition to these regulations.

(1) Wetland protection offsets distances. The offset distance is 15 feet from any delineated wetland. All wetland delineations must receive DNR concurrence.

(2) Protection offset restrictions. No building or structure shall hereafter be erected, structurally altered, or relocated within the wetland protection offsets. This includes, but is not limited to, any building (including sheds and accessory structures), deck, pool, any hard surface (asphalt, concrete, pavers, gravel, etc.), or any other feature deemed a structure or building by the Public Works and Development Director or his/her designee. Landscape features (including but not limited to fences, retaining walls, planting beds, plantings, etc.) are allowed within the wetland protection offset area as long as they do not cross into and/or impact the wetlands. Grading, excavation, and filling are allowed within the wetland protection areas as long as they do not cross into and/or impact the wetlands. Per the discretion of the Public Works and Development Director or his/her designee, the only exceptions to these requirements shall be work associated with approved DNR wetland disturbance activities (examples: wetland boardwalks and wetland crossings).

H. Setbacks/offsets from public lake access rights-of-way. Any lot that shares a lot line with a public lake access right-of-way will have the setback/offset from the shared lot line treated as a side yard offset rather than front yard setback, based upon the zoning district in which it is located.

[Added 4-18-2013 by Ord. No. 1371]

§ 400-24 Building height.

A. Maximum height restricted. In any district no building or structure shall be hereafter erected or structurally altered to a height in excess of that hereinafter specified by the regulations for that district, except as may be modified by this code.

B. Exceptions. The following shall be excepted from the height regulations of all districts:

(1) Chimney and flues.

(2) Electric, telephone and telegraph and distribution facilities, fire siren towers, and emergency weather sirens.

(3) Subject to the approval of the Plan Commission, cooling towers, elevator bulkheads, fire towers, monuments, penthouses, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, masts, aerials, gymnasiums, and necessary mechanical appurtenances.

[Amended 2-4-2010 by Ord. No. 1311]

C. How measured. For one- and two-family principal structures and their accessory structures, and for all commercial and industrial structures, height is measured from the average finished grade at the front building line to the highest point of:

(1) The coping of a flat roof;

(2) The deckline of a false mansard roof; or

(3) The midpoint of the highest gable of a traditional mansard, gambrel, hip, or pitch roof. Midpoint is determined by drawing a horizontal (zero degrees) line between the points where the walls intersect the roof deck or an average thereof. Then draw a perpendicular line from the horizontal line to the highest point of the gable. The midpoint of the vertical line shall be the height of the gable roof for the purposes of this chapter.

D. The height of any other structure shall be defined as the total height of the structure measured with a vertical line from the average finished grade at the front line of the structure to the highest point of the structure.

§ 400-25 Building size.

A. Minimum required. Any building intended in whole or part for residential purposes shall provide a minimum floor area as hereinafter specified by the regulations for the district in which such building is located.

(1) The minimum required floor area is stated in terms of minimum total usable residential floor area per family in a single-floor building.

(2) In the case of any residential building in a single-family detached district which has more than a single floor level, the total of all livable floor area which is not over any other livable floor shall be called the principal floor area and may be reduced 1.5 square feet for every foot added to the minimum required total floor area.[1]

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

(3) In the case of any building designed for two or fewer dwelling units and not having a basement of at least 300 square feet in area, the minimum required floor area shall be increased by 200 square feet.

(4) In any case where the principal floor area is less than 1,000 square feet, an attached garage, breezeway, porch or other enclosed area shall be required so that the total ground area is in no case less than 1,000 square feet.

B. Maximum permitted floor area ratio. The maximum total floor area of the buildings on a lot shall not exceed that permitted under the floor area ratio (FAR) as hereinafter specified by the regulations for the district in which such building is located.

C. How FAR is measured. Floor area shall be measured at each level from outside of wall to outside of wall, but for the purpose of determining minimum required floor area shall not include any area having an average height of less than seven feet, basements, attached garages, open porches, attics or storage areas. Attic areas shall not be included in determining permitted FAR. Basements shall not be included in determining permitted FAR unless they are exposed and remodeled for habitation uses. For the purposes of minimum and maximum floor area regulations, in the case of floor levels built into a hillside (exposures), the floor area subject to measurement shall be computed as 1/2 the remodeled floor area within the exposure.

D. Floor area ratio exceptions.

(1) The Zoning Board of Appeals may grant an exception to permit a building of less than the required minimum floor area where such grant would not be contrary to the spirit or intent of this chapter, and provided that the proposed building would be compatible in character and quality with the general neighborhood and would not depreciate the property values of the surrounding area, and provided further that in no case shall a reduction greater than 25% be permitted.

(2) Properties within the RL-1, RL-2, and RL-3 Lakeshore Residence Districts are exempt from maximum FAR requirements.

(3) The area contained in a rustic structure, granted conditional use status by the Plan Commission, shall not be included in the calculation of the maximum FAR for the parcel.

§ 400-26 Lot size.

A. Minimums required. No building shall be erected on a lot of less area or of minimum average width less than hereinafter specified by the regulations of the district in which such building is located, except where said lot is an existing lot of record which was previously divided.

[Amended 4-18-2013 by Ord. No. 1371]

B. Lot area; how measured. For the purpose of this chapter, the lot area shall be measured from the base setback line and shall be exclusive of the area between the base setback line and the existing property line ultimately to be included in the street, but may include land zoned wetland-floodplain, subject to compliance with this code.

C. Width; how measured. In determining the minimum average width of a lot such measurement shall be made by a line perpendicular to the line establishing the average depth of the lot, at any point where 1/2 the required minimum lot area would fall on each side of such line establishing the minimum average width.

D. Reduction. No lot area shall be reduced by any means so as to create a lot of less than the required size or so that the existing offsets, setbacks, open space or lot area would be reduced below that required by the regulations for the district in which such lot is located.

§ 400-27 Residential density.

A. Purpose of control. The regulatory techniques controlling the distribution of population throughout the community are intended to achieve the desired environmental character as set forth in the Comprehensive Plan and to achieve a practical economical and functional relationship between the residential use of land and its consequent impact upon traffic circulation, sewage disposal, school facilities, and other service demands.[1]

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

B. Method of control. In single-family detached development the density is established by the minimum required lot size. In single-family attached or multiple-family development no minimum lot size is established, but the allowable density is established by a required ratio of lot area to each dwelling unit. In planned residential development projects the density is established by a special factor giving the number of dwelling units permitted per acre based on the underlying zoning.

C. How computed. The determination of the number of allowable dwelling units on a given property being developed with single-family attached or multiple-family units shall be made as follows:

(1) Single-family attached and multiple-family: by dividing the net area of the parcel to be so developed by the number of square feet required per dwelling unit.

(2) Planned development projects: by applying the percentage factor to the gross area of the project as hereinafter set forth in this code on the basis of the underlying zoning.

§ 400-28 Open space.

A. Minimum required. No building, covered structure, or impervious surface shall be placed, erected, structurally altered or relocated on a lot so as to reduce the usable open area of such lot to less than the minimum required amount as identified by the underlying zoning district or less than 75% of the total lot size.

[Amended 2-4-2010 by Ord. No. 1311]

B. How measured. To be considered usable, such open area shall be readily accessible and of a size and shape which can be reasonably considered to provide for the amenities and necessities of light, air, play space, drying yard, garden, etc., but shall not include parking areas, drives, and other impervious areas. Pervious hard surfaces such as gravel, pavers, permeable concrete/asphalt, and other surfaces, at the discretion of the Public Works and Development Director or designee, can count as open space. Crop pasture and wooded land may be included in computing such open area.

[Amended 2-4-2010 by Ord. No. 1311]

C. Overlapping. No part of the open space provided for any building shall be included as part of the open space required for another building, except as hereinafter provided for planned development projects.

D. Exemptions. The area contained by a rustic structure authorized by conditional use grant shall not be counted against the amount of open area on a parcel.

§ 400-29 Basic locational requirements.

A. Building must be on a lot. Every building hereafter erected, structurally altered, or relocated shall be placed on a lot as herein defined.

B. Only one principal residence building on a lot. Except as specifically otherwise provided herein for attached single-family dwellings, apartments/condos, farms, or planned development projects, only one principal residence building shall be permitted on a lot; provided, however, that the Plan Commission may grant an exception to permit more than one principal building on a lot where such grant would not be contrary to the spirit or intent of this chapter or to the regulations applicable to the specific district, and provided that a sufficient lot area is provided and the buildings so located as to permit individual compliance, in the case of future division, with the lot size, density, building location, and open space requirements of the district in which located.

[Amended 3-18-2020 by Ord. No. 1442]

§ 400-30 Building construction.

A. One- and two-family built-on-site construction. All such construction shall conform to the standards as set forth in Chapter 164, Construction Standards, of the City Code and Chs. SPS 320 through 325, Wis. Adm. Code, otherwise known as the "Uniform Dwelling Code."

B. One- and two-family built-off-site manufactured homes or dwellings or modular housing as defined by § SPS 320.07 and Ch. SPS 326, Wis. Adm. Code, and § 101.91, Wis. Stats. Such structures shall be certified as such under 42 U.S.C. §§ 5401 to 5426 and, when placed or remodeled on site, shall:

(1) Be set on an enclosed foundation in accordance with Chapter 164, Construction Standards, of City Code and Chs. SPS 321 through 325, Wis. Adm. Code, as applicable. The Building Inspector may require a plan to be certified by a registered architect or engineer to ensure proper support for the home.

(2) Be permanently installed on a foundation in accordance with the manufacturer's instructions, a copy of which shall be provided to Building Inspector at time of application.

(3) Be properly/permanently connected to utilities in accordance with all state and local regulations.

(4) Have a floor area equal to or greater than that required in the zoning district in which it is to be located.

(5) Have all chassis components removed prior to issuance of an occupancy permit.

(6) Be a minimum 25 feet in width and no less than two sections.

C. Commercial construction. Commercial construction shall conform to Chapter 164, Construction Standards, and Chapter 191, Article II, Fire Prevention Code, of the City Code and Chs. SPS 361 through 366, Wis. Adm. Code, and shall conform to the Wisconsin Enrolled Commercial Building Code Volumes 1 and 2.

§ 400-31 Engineering regulations.

A. 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.

B. Drainage.

[Amended 2-4-2010 by Ord. No. 1311]

(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 two feet above the highest anticipated seasonal groundwater level. An occupancy permit and zoning 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. Any variances to this requirement shall be reviewed by the Public Works and Safety Committee with a recommendation being made by said Committee to the Common Council for confirmation and approval.

[Amended 6-26-2018 by Ord. No. 1418; 3-18-2020 by Ord. No. 1442; 11-18-2020 by Ord. No. 1454]

(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 watercourse 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, or revetment, subject to the aforesaid approval, shall be erected, structurally altered or relocated within 10 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.

(4) Elevations relative to floodplains. The lowest finished yard grade elevation abutting the principal structure must be at least two feet above the floodplain elevation. For accessory structures the lowest finished yard grade elevation abutting said structure must be at or above the floodplain elevation. Any structure located within the floodplain is subject to the requirements of Chapter 386, Floodplain Zoning, of the City Code.

C. Preservation of topography.

(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 two 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 § 400-167H(6).

(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.

D. Protection of solar access. No plantings shall be planted which would shade an existing solar collector on adjoining properties.

§ 400-32 Adequate public facilities.

A. Authority. This section is adopted pursuant to § 62.23(7)(am), (b), and (c), Wis. Stats. Said statutes include enabling legislation, including but not limited to the authority to "facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements."

B. Purpose. In order to prevent the improper development of land which might pose a threat to the health, safety, and welfare of the community at large or the occupants of land in particular areas of the City of Muskego, it is hereby declared that developments shall not be approved unless certain public facilities are available or will be made available at adequate levels to serve said developments. The purpose of this section is to ensure that, to the maximum extent practical, new developments will be approved only when it can reasonably be expected that adequate public facilities, as defined herein, will be available to accommodate such new developments. No portion of this section shall be interpreted or deemed to affect any rights which have been vested prior to the enactment of this code.

C. Certificate required. No building, site and operation plan, preliminary plat, final plat, certified survey map, or conditional use grant (CUG) shall be approved unless on the date of such approval there exists a valid and current certificate of adequate public facilities (CAPF) applicable to the project for which approval is sought.

D. Exemptions. The following shall be exempt from certification requirements:

(1) Rezoning petitions, provided that the requested rezoning is consistent with the adopted Comprehensive Plan.

(2) Final plats for which a preliminary plat has been approved by the Common Council prior to enactment of this section, provided that said preliminary plat approval has not expired.

(3) Amendments to approved BSO plans and CUGs, provided that the Public Works and Development Director or his designee has determined that said amendments will not increase the demand for public facilities covered by this section.

E. Automatic certifications.

(1) The Public Works and Development Director or his designee is authorized to issue an automatic certificate of adequate public facilities for applicants which meet the following:

(a) Small and low-density developments, where the Public Works and Development Director or his designee has determined that all of the following criteria are met:

[1] The average daily traffic (ADT) will not increase more than 40.

[2] Where within an adopted sanitary sewer service area, that sanitary sewer is immediately available to adequately serve the property, or, where outside of an adopted sanitary sewer service area, that the Waukesha County Department of Parks and Land Use has reviewed the proposal and determined that the subject lands are suitable for a private on-site wastewater treatment system pursuant to Ch. SPS 383, Wis. Adm. Code.

[3] Where within an adopted water capacity assessment district, that municipal water is immediately available to adequately serve the property, or, where outside of an adopted water capacity assessment district, that a private on-site potable water source is available pursuant to the requirements of Ch. NR 812, Wis. Adm. Code.

[4] The development is exempt from Chapter 309, Stormwater Management, of the Code.

(2) Automatic certificates shall be exempt from the requirements of this section of this code but may be required to submit application materials deemed necessary by the Public Works and Development Director or designee to make an exemption determination.

F. Certificate of adequate public facilities (CAPF) application procedure.

(1) Materials required. Applicants shall submit the following information to the Public Works and Development Department for review and determination:

(a) Complete application form provided by the Public Works and Development Department. No form shall be deemed complete unless signed and dated by the applicant and property owner (if different). Application form can be the initial submittal of the land division or BSO if deemed concise by the Public Works and Development Director or designee.

(b) Eighteen copies of the development plan for the proposed development application for which the CAPF is requested.

(c) Other information as may be requested in writing by the Public Works and Development Director or his designee in order to assist in reviewing the application for CAPF.

(d) Fees as adopted by the Common Council from time to time.

(2) Summary of procedure. The following shall be the general review process for an application for CAPF. The Finance Committee may establish additional policies and procedures as deemed necessary from time to time in order to efficiently administer the application process.

(a) The Public Works and Development Director or his designee shall review the application for CAPF in conjunction with the development plan. Upon completion of staff review and determination that the application is complete and in an approvable form, the application shall be forwarded to the committees and commissions having jurisdiction over components of said application, including but not limited to the Public Works and Safety Committee and Plan Commission, in accordance with the adopted Developer's Procedure Guide, as may be amended from time to time. Development plans which are eligible for automatic certifications pursuant to Subsection E of this section shall be processed administratively by the Public Works and Development Director or his designee.

(b) The committees and commissions of jurisdiction shall review the application and staff recommendations. Said committees and commissions shall either recommend approval, recommend conditional approval, recommend denial, or shall refer the matter back to the Public Works and Development Director or his designee for additional information or to address specific concerns.

(c) Upon the application's receipt of recommendation for approval, conditional approval, or denial, the application and development plan shall be forwarded to the Common Council via the minutes of the committee or commission.

(d) Applications forwarded to the Common Council shall not require individual action and shall be approved by Council acceptance and/or filing of the minutes of the committee or commission. Following said approval, the Public Works and Development Director or his designee shall issue the written certificate of adequate public facilities.

G. Determining adequate public facilities. The determination of adequate public facilities shall be made in accordance with the following criteria:

(1) Streets. The development's street system shall connect to segments of the public roadway system. Said street segments shall be capable of handling projected traffic flow on an average daily traffic (ADT) and peak hour basis. The developer is responsible for providing any traffic impact analysis and related studies to the satisfaction of the Public Works and Safety Committee. For purposes of this section, a street shall be deemed "adequate" where projected traffic flow is not reduced below "C" for arterial and collector streets and "C minus" on local and minor streets and the plans, specifications, and said traffic analysis have been approved by the Public Works and Safety Committee prior to or concurrent with the CAPF recommendation.

(2) Wastewater facilities. The development's wastewater facilities shall be designed with adequate capacity to accommodate the type and flow from the proposed development, as well as any upstream development which may flow through the site in question. For purposes of this section:

(a) Developments within the City's adopted Sanitary Sewer Service Area and/or Reserve Capacity Assessment District shall be deemed to have "adequate" wastewater systems when connected to the municipal collection system in accordance with adopted design standards for municipal sanitary sewer systems and plans and specifications relating thereto are approved by the Public Works and Safety Committee prior to or concurrent with the CAPF recommendation. Developments within the City's adopted Sanitary Sewer Service Area and/or Reserve Capacity Assessment District may use the provisions of Subsection G(2)(b) upon receipt of a waiver from the Public Works and Safety Committee, as described in Subsection K(2) of this section.

(b) Developments located outside of the City's adopted Sanitary Sewer Service Area and/or Reserve Capacity Assessment District shall be deemed to have "adequate" wastewater systems when:

[1] Single-use systems designed in accordance with Ch. SPS 383, Wis. Adm. Code, are approved by the Waukesha County Department of Parks and Land Use.

[2] Engineering systems for multiple users designed in accordance with Ch. SPS 383, Wis. Adm. Code, are approved by the Waukesha County Department of Parks and Land Use and where the ownership and maintenance duties of said engineered system are conveyed to a private trust or the City of Muskego by separate document, and where plans and specifications relating thereto are approved by the Public Works and Safety Committee prior to or concurrent with the CAPF recommendation.

(3) Potable water. The development's potable water supply shall provide sufficient capacity for the proposed level of occupancy. For purposes of this section:

(a) Developments within the City's adopted Water Capacity Assessment District area shall be deemed to have "adequate" potable water systems when connected to the municipal distribution system in accordance with adopted design standards for municipal water systems and plans and specifications relating thereto are approved by the Public Works and Safety Committee prior to or concurrent with the CAPF recommendation. Developments within the City's adopted Water Capacity Assessment District may use the provisions of Subsection G(3)(b) upon receipt of a waiver from the Public Works and Safety Committee, as described in Subsection K(3) of this section.

(b) Developments located outside of the City's adopted Water Capacity Assessment District shall be deemed to have "adequate" potable water systems when:

[1] Single-use systems designed in accordance with Ch. NR 812, Wis. Adm. Code, are approved by the Waukesha County Department of Parks and Land Use.

[2] Engineering systems for multiple users designed in accordance with Ch. NR 811, Wis. Adm. Code, are approved by the Wisconsin Department of Natural Resources and approved by the City of Muskego Public Works and Safety Committee, and where the ownership and maintenance duties of said engineered system are conveyed to a private trust or the City of Muskego by separate document, and where plans and specifications relating thereto are approved by the Public Works and Safety Committee prior to or concurrent with the CAPF recommendation.

(4) Drainage systems and stormwater management. The development's drainage systems and stormwater management appurtenances shall be designed to convey runoff in accordance with Chapter 309, Stormwater Management, of the City Code and Chapter 13 of the Milwaukee Metropolitan Sewerage District Regulations. For purposes of this section:

(a) Developments subject to Chapter 309, Stormwater Management, meet the requirements established by that chapter, and plans and specifications relating thereto are approved by the Public Works and Safety Committee prior to or concurrent with the CAPF recommendation.

(b) Developments exempt from Chapter 309, Stormwater Management, have grading and drainage plans approved by the City Engineer or his designee prior to or concurrent with the CAPF recommendation.

H. Grant of certificate. Upon recommendation by all committees and commissions of jurisdiction and the Common Council acceptance of their minutes, the Public Works and Development Director or his designee:

(1) Shall issue written findings which determine that:

(a) Adequate public facilities are present; or

(b) The applicant will take actions to make adequate public facilities present within the time frame established by this section; and

(2) Shall issue the written certificate of adequate public facilities within 10 days of said findings. Said certificate may be in the form of a resolution and shall include any conditions required by the approvals of the committees and commissions of jurisdiction and may include the certificate's expiration dates as depicted in this section. If not mentioned, the expiration dates are the same as the expiration dates of the requested development as found in this chapter or Chapter 392, Land Division, of the City Code.

I. Expiration. Certificates of adequate public facilities issued pursuant to this chapter, in which the petitioner has not commenced construction activity or preparation of the land, are valid for the following period of time, commencing the date of the Common Council acceptance and/or filing of minutes of all committees and commissions of jurisdiction:

	Type of Development	Months Valid
	Building, site and operation plan	24
	Conditional use grant	24
	Preliminary plat	24
	Certified survey map	6
	Condominium plat	6
	Final plat	6

J. Time extensions. The Common Council may grant one or more time extensions to any approved CAPF, provided that such time extension coincides with a time extension or reapproval is concurrent with a time extension or reapproval authorized for the development by Chapter 392, Land Division, and/or this chapter.

K. Waiver of certificate. In the event that an application does not establish that adequate public facilities will be present pursuant to Subsection G of this section and the applicant does not propose to provide adequate public facilities, approval of the application may occur upon the Common Council's expressed findings by resolution that one or more of the following apply:

(1) Due to the nature of the proposed development, its occupants and the general citizenry of the City of Muskego will not be endangered, and the inadequacy of the particular public facility will not pose a threat to the health, safety, or general welfare of the citizens of Muskego.

(2) Where the development is within the adopted Sanitary Sewer Service Area and/or Reserve Capacity Assessment District and it is not economically feasible to extend municipal sanitary sewers to serve a development, adequate facilities are provided pursuant to Subsection G(2)(b).

(3) Where the development is within the adopted Water Capacity Assessment District and it is not economically feasible to extend municipal water mains to serve a development, adequate facilities are provided pursuant to Subsection G(3)(b).

L. Fees. The Common Council may establish fees to be charged to applicants for CAPFs. Said fees shall be established by resolution from time to time as deemed necessary by the Common Council.