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.
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]
(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.
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(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.
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(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.
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(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.
(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]]
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]
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.
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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.
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]
(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.
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.
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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.
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]
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.
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.
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]
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.
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:
(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.
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.
(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:
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:
(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.
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.
