City of Muskego, WI Article IV Required Plans

§ 400-19 Purpose and intent.

A. In order that the physical environment of the City is developed in a way that will provide the maximum degree of aesthetic satisfaction through architectural and natural beauty and harmony and thereby provide most satisfyingly for the well-being and contentment of its inhabitants as well as for greater economic stability through preservation and enhancement of property values, it is deemed necessary to exercise regulation over the architectural appearance and construction of buildings erected, remodeled or in any way placed within the City. Such regulations are herein known as "building, site and operation (BSO) plans."

B. The building, site and operation plan is not intended to impose a pattern of regimented conformity to any specific architectural style or taste established by the governing body, a review board, or the existing residents of any area but is intended solely to prevent any development which would substantially affect adversely the existing or potential beauty and character of the neighborhood, reduce its desirability, and depreciate surrounding property values.

§ 400-20 Exemptions from plan requirement; administrative reviews.

A. Single-family and two-family uses. Single-family or two-family residential development activity on unplatted lands or associated with an approved final plat of a subdivision or certified survey map shall be exempt from Plan Commission building, site and operation plan approval. All plans for single-family or two-family residential development activity shall be approved administratively in accordance with rules and procedures promulgated by the Public Works and Development Department.[1]

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

B. Signs. Where in the determination of the Public Works and Development Director or his designee a proposed change to an approved sign is deemed nonsubstantial, said change may, in the sole determination of the Public Works and Development Director or designee, be exempted from Plan Commission building, site and operation plan approval.

§ 400-21 Building, site and operation plan procedure.

A. Purpose. The purpose of this section is to specify the requirements and procedures for the review and approval of site plan applications. The provisions of this section are designed to ensure that all proposed land use and development activity complies with the requirements of this chapter. Specifically, this section requires that the initiation of all development activity (including building permits, zoning permits, occupancy permits for a change of use of an existing lot or structure where there is contemplated a site plan revision, clear-cutting, grading or filling) requires the approval of building, site and operation plans (herein referred to as BSO plans) by the City staff before the building, occupancy, and zoning permits can be issued.[1]

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

B. Application procedure.

(1) Initiation of request for BSO plan approval. Procedures for approval of a site plan shall be initiated by the owner(s) of the subject property or his (their) legally authorized representative(s).

(2) Pre-application meeting. The petitioner is encouraged, but not required, to first meet with the Public Works and Development Director or designee and other applicable City staff to discuss preliminary concepts and plans for the development. Guidance will be provided to the petitioner on technical requirements and procedures, and a timetable for project review may be discussed.

C. Application requirements. The petitioner shall submit a complete BSO plan application, accompanied by all fees and deposits which from time to time may be adopted by the Common Council and in effect at the time of submittal. A complete application shall be comprised of all of the following:

(1) Written description of the intended use describing in reasonable detail the:

(a) Full name and contact information of the petitioner and/or agent, and property owner, if different;

(b) Full name and contact information of the petitioner's engineers/surveyors/architects and other design professionals used in BSO plan preparation;

(c) Existing zoning district(s) and proposed zoning district(s) if different;

(d) Current land uses present on the subject property;

(e) Proposed land uses for the subject property;

(f) Land use designation(s) as depicted on the adopted Comprehensive Plan;

(g) Description of existing environmental features;[2]

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

(h) Projected number of residents, employees, and/or daily customers;

(i) Proposed amount of dwelling units, floor area, open space area, and landscape surface area, expressed in square feet and acreage to the nearest one-hundredth of an acre;

(j) Resulting site density, floor area ratio as calculated using the criteria established in this code, open space ratio, and landscape surface area ratio, as defined in this code;

(k) Operational considerations relating to hours of operation, projected normal and peak water usage, sanitary sewer or septic loadings;

(l) Traffic generation;

(m) Operational considerations relating to potential nuisance creation pertaining to the appropriate design of street access, traffic visibility, parking, loading, exterior storage, exterior lighting, vibration, noise, air pollution, odor, electromagnetic radiation, glare and heat, fire and explosion, toxic or noxious materials, waste materials, drainage, and hazardous materials;

(n) Material safety data sheets (MSDS) for all materials anticipated to be used or stored on site;

(o) Exterior building and fencing materials;

(p) Possible future expansion and related implications for Subsection C(1)(a) through (m) above; and

(q) Any other information pertinent to adequate understanding by the Plan Commission of the intended use and its relation to nearby properties.

(2) Property site plan drawing which includes:

(a) A title block which provides all contact information for the petitioner and/or agent, and property owner if different;

(b) Full name and contact information of the petitioner's engineers/surveyors/architects and other design professionals used in BSO plan preparation;

(c) The date of the original plan and the latest date of revision to the plan;

(d) A North arrow and a graphic scale; said scale shall be in engineering scales and shall not be smaller than one inch equals 100 feet unless otherwise approved by the Public Works and Development Director or his designee prior to submittal;

(e) A legal description of the subject property;

(f) All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled;

(g) All existing and proposed easement lines and dimensions with a key provided and explained on the margins of the plan as to ownership and purpose;

(h) All required building setback and offset lines;

(i) All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks, patios, fences, and walls;

(j) All existing and proposed utility and drainage systems, connections and fixtures;

(k) All requirements of the Muskego Fire Code;

(l) The location and dimension of all access points onto public streets, including cross-section drawings of the entry throat;

(m) The location and dimension of all on-site parking (and off-site parking provisions if they are to be employed), including a summary of the number of parking stalls provided versus required by this code;

(n) The location and dimension of all loading and service areas on the subject property and labels indicating the dimension of such areas;

(o) The location of all outdoor storage and refuse disposal areas and the design of all screening devices;

(p) The location, type, height, size and lighting of all signage on the subject property;

(q) The location, height, design/type, illumination power and orientation of all exterior lighting on the subject property, including the clear demonstration of compliance with Article XVIII of this chapter;

(r) The location and type of any permanently protected green space areas;

(s) The location of existing and proposed drainage facilities; and

(t) In the legend, data for the subject property:

[1] Lot area measured in square feet and acres to the nearest one-hundredth of an acre.

[2] Floor area measured in square feet using the criteria of Article V of this chapter.

[3] Floor area ratio as defined in Article V and as calculated using the criteria of this code.

[4] Open space area as defined in Article V and as calculated using the criteria of this code.

[5] Open space ratio as defined in Article V and as calculated using the criteria of this code.

[6] Building height as defined in Article V and as calculated using the criteria of this code.

(3) A detailed landscaping plan of the subject property, at the same scale as the site plan, showing:

(a) The name and address of the property owner, the landscape architect or designer who prepared the plan.

(b) The name of the proposed project.

(c) The plan preparation date and the date of any revisions thereto.

(d) A graphic scale and a North arrow.

(e) A legal description of the property.

(f) A plat of survey, or a sketch drawn to scale approved by the Public Works and Development Director or his designee.

(g) The location, caliper (size), and common name of all existing deciduous trees six inches or larger in diameter at breast height (dbh), all existing coniferous trees 10 feet or greater in height, and the boundaries of any existing woodlots.

(h) Identification of all trees inventoried as required by this code which are to be moved or destroyed.

(i) The location of all proposed plantings.

(j) A planting schedule showing all symbols intended to represent plantings, quantities of plant materials, and common and botanical names of plant materials, size and caliper of plant materials, root specifications, and special planting instructions.

(k) Typical sections and details of fences, tie walls, planting boxes, retaining walls, berms, and other landscape improvements.

(l) Typical sections of landscape islands and planter beds identifying materials to be used.

(m) Details of planting beds and foundation plantings.

(n) Delineation of sodded areas, seeded areas, and wilderness areas indicating square footage, materials to be used, and seed mixtures.

(o) Where landscape or man-made materials are used to provide required screening or buffers from adjacent properties or public rights-of-way, a cross section shall be provided drawn to a recognized engineering scale illustrating the perspective of the site from the neighboring property and property line elevation.

(p) All other design elements found in the adopted City of Muskego General Design Guide.

(4) A grading and erosion control plan to be approved by the City Engineer and/or Public Works and Safety Committee pursuant to Chapter 162, Construction Site Erosion and Sediment Control, and Chapter 309, Stormwater Management, of the City Code. Said plans are not subject to Plan Commission review but are required to be submitted concurrent with BSO plan applications in order for the submittal to be complete.[3]

[3] Editor's Note: Throughout this chapter, references to the "Engineering/Building Inspection Director" were amended to "City Engineer" at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(5) Elevation drawings of proposed buildings or proposed remodeling of existing buildings showing finished exterior treatment, with adequate labels provided to clearly depict exterior materials, texture, color and overall appearance.

(6) Color renderings and perspective renderings. One copy no smaller than 24 inches by 36 inches and 18 photo-reduced copies 11 inches by 17 inches of the color renderings of the proposed project and/or photos of similar structures shall be submitted, unless waived by the Public Works and Development Director or his designee. The Plan Commission reserves the right to require perspective renderings, but not in lieu of adequate drawings showing the actual intended appearance of the buildings. All renderings shall be produced in CAD, acrylic, tempera, or watercolor. Marker or colored pencil produced renderings generally are not acceptable unless the Public Works and Development Department determines that sufficient detail is conveyed. All renderings shall become the property of the City and will not be returned.

(7) Photo simulations and 3-D virtual visualizations of the proposed project and/or photos of similar structures may be voluntarily submitted and may be required by the Plan Commission, but not in lieu of adequate drawings showing the actual intended appearance of the buildings.

(8) A plat of survey shall be required for all projects. The survey shall be prepared by a professional land surveyor and shall depict property lines and existing and proposed buildings, structures, and paved areas. The City Engineer may waive this requirement where the application includes a certified survey map or preliminary plat prepared in accordance with Ch. 236, Wis. Stats., or where otherwise authorized by the policies of the Public Works and Safety Committee.

(9) A detailed site analysis per the following:

(a) Purpose. The detailed site analysis required by this section is designed to provide for the clear identification of permanently protected green space areas on a site which is proposed for development. The detailed survey work required to identify these areas accurately on a map is not required prior to the initiation of development concept plans for an area.

(b) When required. A detailed site analysis shall be performed in conjunction with required land division documents or building, site and operation plan for any and all properties containing:

[1] Permanently protected natural resource areas defined as required protected areas under state or federal regulations,

[2] All environmental corridor components and areas identified by the adopted Comprehensive Plan and/or by the Southeast Wisconsin Regional Planning Commission.

[3] Environmental features identified in the adopted Parks and Conservation Plan.

(c) Description. The detailed site analysis shall be shown on a map of the subject property which depicts the location of all protected natural resource areas and environmental corridor components, as defined by the provisions of this section, and as located by an on-site property survey. The detailed site analysis shall meet the following requirements:

[1] Scale. A minimum scale of one inch equals 200 feet shall be used unless otherwise approved by the Public Works and Development Director or his designee prior to submittal.

[2] Topography. Topographic information is not required for any property that does not contain steep slopes. For such properties, topographic information with a minimum contour interval of two feet is required.

[3] Specific natural resources areas. All areas subject to the provisions of this code shall be accurately outlined and clearly labeled. Particular care as to clarity shall be taken in areas where different resource types overlap with one another.

[4] Development pads. All site disruption (including selective cutting) proposed to occur within permanently protected natural resource areas shall be limited to development pads. Development pads shall be depicted on the detailed site analysis map, BSO plans, and preliminary plat of subdivision (if applicable) or certified survey map (if applicable).

[a] Site disruption activities shall not compact soil covering tree roots or otherwise damage trees beyond the area from which trees are to be removed. The use of snow fences and other barriers to outline development pads during disruption activity is strongly recommended to limit the extent of inadvertent compaction or other disturbance of earth and collision damage to vegetation intended for protection. Such barriers should be placed no closer to protected trees than a point on the ground directly under their outer canopy edge.

[b] Mitigation areas. All mitigation areas shall be depicted on the detailed site analysis map with notations provided which describe the mitigation techniques employed.

(d) Required procedure for submission and review of detailed site analysis.

[1] Required timing of submission. The detailed site analysis map shall be submitted to the Public Works and Development Director or his designee for review concurrent with the submission of the BSO plan. A concept plan of the proposed development may be submitted prior to the submission of the detailed site analysis map; however, in no way does the acceptance and/or general approval of the concept plan indicate the approval of natural resource feature locations.

[2] Review by City. The Public Works and Development Director or his designee shall review the submitted detailed site analysis map for general compliance with this chapter. Such review may include data sources including but not limited to the following examples:

[a] The Official Zoning Map.

[b] Applicable USGS 7.5-minute topographic maps for the City of Muskego and its environs or other USGS quads and sources of topographic information.

[c] Orthophotos of the subject property.

[d] Applicable FEMA and related floodplain maps.

[e] Applicable federal and state Wetland Inventory Maps.

[f] The City of Muskego Comprehensive Plan.

[g] Official Street System Map.

[h] Site visits.

[3] Modification of detailed site analysis map. If necessary, as determined by the Plan Commission, revised detailed site analysis maps shall be prepared and submitted for review until a version is deemed acceptable.

(e) Integration of detailed site analysis information with required development and/or land division documents. Information contained on the detailed site analysis map relating to the boundaries of permanently protected green space areas (including natural resource protection areas, other permanently protected green space areas, and required mitigation areas) shall be recorded as a deed restriction which permanently runs with the land. Said areas shall be clearly depicted on any and all site plans required as a precondition for application for any development permit which occurs subsequent to BSO plan approval (such as a building permit) and on any proposed final plat of subdivision or certified survey map.

(10) A developer's deposit in an amount required by adopted policies of the Finance Committee, as may be amended from time to time. The purpose of the developer's deposit is to provide a surety to address all charges required to be paid by a petitioner under § 39-10 of the City Code. The requirement for submittal of a developer's deposit for specific projects may be modified or waived by action of the Finance Committee.

(11) A surety in a form approved by the Finance Committee. Said surety shall be provided to secure the replacement of all trees with calipers exceeding six inches, whose canopies are located adjacent to disturbed areas, which die within a period of five years following site disruption, and to secure the restoration of all mitigation areas identified on the detailed site analysis.

D. Review by Plan Commission.

(1) The Plan Commission, in its consideration of the submitted BSO plan application, shall take into account the basic intent of this chapter to ensure attractive, efficient, and appropriate development of land in the community and to ensure particularly that every reasonable step has been taken to avoid depreciating effects on surrounding property and the natural environment. Beyond protection of the public health, safety and welfare, and morals, this section shall enable the Plan Commission to consider factors related to community aesthetics, urban design, and architectural consistency within the community. The Plan Commission, in reviewing the application, may require such additional measures and/or modifications to any or all elements of the site plan as described in the application submittal required per Subsection C as it deems necessary to accomplish this objective. If such additional measures and/or modifications are required, the Plan Commission may withhold approval of the BSO plan until a revision depicting such additional measures and/or modifications is submitted to the satisfaction of the Plan Commission, or may approve the application subject to the provision of a revised application reflecting the direction of the Plan Commission to the satisfaction of the Public Works and Development Director or his designee. Such amended plans and conditions applicable to the proposed use shall be made a part of the official record, and development activity on the subject property may not proceed until the revised application has been approved pursuant to the procedures described herein.

(2) In reviewing said application the Plan Commission shall make findings on each of the following criteria to determine whether the submitted BSO plan shall be approved, approved with modification, or denied:

(a) The public health and safety are not endangered. All standards of this chapter and other applicable City, state and federal regulations are met.

(b) Adequate public facilities are provided.

[1] Adequate control of stormwater and erosion is addressed through submittals to be reviewed and approved by the City Engineer and/or Public Works and Safety Committee pursuant to Chapter 162, Construction Site Erosion and Sediment Control, and Chapter 309, Stormwater Management, of the City Code.

[2] The disruption of existing topography, drainage patterns, and vegetative cover is minimized insofar as is practical.

(c) Appropriate traffic control and parking are provided.

[1] Appropriate landscaping and open space areas are provided.

[2] The appearance of structures maintains a consistency of design, materials and colors which complies with the general architectural guidelines adopted by the Plan Commission as detail plan components of the Comprehensive Plan.

(d) Architectural control, in order that the physical environment of the City is developed in a way that will provide the maximum degree of aesthetic satisfaction, through architectural and natural beauty and harmony with adjacent facilities, and thereby provide the most appealing development for the well-being and contentment of its inhabitants.

[1] In addition, to promote greater economic stability through preservation and enhancement of property values, it is deemed necessary to exercise regulation over the architectural appearance and construction of buildings erected, remodeled, or in any way placed within the City. Such regulations are not intended to impose a pattern of regimented conformity to any specific architectural style or taste established by the Plan Commission, review board, or the existing residents of any area but are intended solely to prevent any development which would substantially adversely affect the existing or potential beauty and value to the community and the characteristics of the neighborhood, potentially reducing its desirability and depreciating surrounding property values.

[2] To implement and design criteria for the purposes stated above, to promote four-sided architecture and quality in design standards, the following standards are established:

[a] No building shall be permitted a design or exterior appearance which is unorthodox or abnormal in character in relation to the surrounding properties as to be unsightly or offensive to generally accepted tastes of the community and professional judgment of the Plan Commission and its staff.

[b] No building shall be permitted the design or exterior appearance of which is so identical with those adjoining as to create excessive monotony or drabness.

[c] No building shall be permitted where any exterior surface is not constructed or faced with a finished material which is aesthetically compatible with the exterior surface of adjacent buildings and presents an attractive appearance to the public and to surrounding properties.

[d] No building shall be permitted to be sited on the property in a manner which would unnecessarily destroy or substantially damage the natural beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in that area or which would unreasonably affect adversely the beauty and general enjoyment of existing residences on adjoining properties.

[e] No building or addition to any building shall be permitted to be sited on the property in a manner which would interfere with the peaceful enjoyment and natural light of adjacent buildings.

[f] All buildings and the proposed materials, shape, and colors should follow the adopted City General Design Guide.

E. Initiation of land development activity. Except with the written permission of the Public Works and Development Director or designee and the Building Inspector or their designees, absolutely no land use or development activity shall occur on the subject property prior to the approval of the required BSO plan or BSO plan amendment. Any such activity prior to such approval shall be a violation of this chapter and shall be subject to all applicable enforcement mechanisms and penalties.

F. Compliance in perpetuity. Any BSO plan granted through the authority of this section or site/facade improvement (based on an approved grant or loan program carried out by the Community Development Authority, Plan Commission, or Common Council) shall be perpetually binding upon the development and all aspects of the approval given shall be followed. Further, BSO plan or site/facade improvement referenced above shall be perpetually binding to the extent that:

[Amended 3-22-2012 by Ord. No. 1351]

(1) All buildings and structures shall be maintained in a tasteful, safe and appropriate manner as they were originally approved for.

(2) All landscaping shall be periodically groomed and/or replaced when necessary.

(3) All drives, parking and pedestrian areas shall be kept in a safe and passable condition. This includes the maintaining of the appropriate pavement markings and the refinishing of the asphalt or concrete when it should become deteriorated.

(4) All natural areas and environmental areas identified for protection shall be maintained in a manner which preserves their aesthetic and natural function.

(5) All repairs and maintenance shall be executed in a timely manner.

G. Plan Commission approval follow-through inspection. The Public Works and Development Director or designee shall make a final inspection of all new buildings, building sites, additions and alterations of properties that have received Plan Commission approval in order to assure that all approvals from the Plan Commission have been accomplished. The inspection shall be made at the same time final inspections are requested as part of building permits, or, in case building permits are not required for the improvements, the inspection shall be made upon the developer notifying the Planning Division that the improvements have been accomplished. If all approvals have been followed, an occupancy permit will be allowed. If further improvements are required, the occupancy permit will be withheld until such time the improvements are completed. A occupancy permit may be issued subject to certain items being completed within a given amount of time; however, if the items are not completed within the given time frame, the occupancy permit can be revoked as per § 164-6E(1) of the Municipal Building Code. Revocation of the occupancy permit requires all business use of the property to cease immediately until such time as a new occupancy permit is given.

H. Modifications to approved plans. Where modification to an approved BSO plan is requested, the Public Works and Development Director or his designee is authorized, upon review of the proposal, to make a determination that the modification is either a nonsubstantial change or a substantial change to the approved BSO plan. Where it is determined that the modification is nonsubstantial, the Public Works and Development Director or his designee may approve the modification. Where it is determined that the modification is a substantial change to the approved BSO plan, said plan shall be revised and reviewed by the Plan Commission pursuant to the procedures of this section above, so as to clearly and completely depict any and all proposed modifications to the previously approved BSO plan, prior to the initiation of said modifications.

I. Expiration. Plan Commission approvals granted for building, site and operation plans, signs, second garage structures, temporary structures and sketch land divisions in which the petitioner has not commenced construction activity or preparation of the land or has not submitted a certified survey map or preliminary plat within 24 months of the date of approval will expire and reapplication will be required. A reapplication shall be limited solely to reasonable compliance with current design, locational, and operational requirements. A reapplication shall not involve the basic permissibility of the use where such use is permitted by right at the time of reapplication. The Plan Commission may grant one six-month extension if requested 30 days prior to the pending expiration date, provided that the applicant demonstrates a valid cause.[4]

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

J. Review fees. A minimum review fee, as from time to time established by resolution of the Common Council, shall be charged for all applications to the Plan Commission where a fee has not been otherwise established by this chapter. The review fee shall be applicable for, but not limited to, the following: sign approvals, landscape plan reviews, kennel permit renewals, and fireworks stand permits. Fees for other applications to the Plan Commission for, but not limited to, building, site and operation plan review, truck parking review, second garage structure requests, and legal lot determinations shall be as from time to time established by resolution of the Common Council.