Loading...
RLO19930304RULES, LAWS & ORDINANCE COMMITTEE - CITY OF MUSKEGO MINUTES OF MEETING HELD THURSDAY, MARCH 4, 1993 • The meeting was called to order at 7:00 P.M. by Chairman Taube. Also present were Committee Member Dumke, Mayor Salentine and Ald. Misko. The Committee reviewed existing Sign Ordinance. The Committee will review the compiled list from several nearby communities at the April meeting. The Committee discussed American -Made Products and request that Attorney Molter supply an opinion as to a dollar amount that could be used as a cap and also a percentage of products to be American -Made. The Committee deferred further discussion on present Ordinance on Vicious/Dangerous Dogs. The Committee reviewed the attached proposed amendment to the Land Division Ordinance regarding the number and size of lots able to be divided via certified survey map in five years. Ald. Taube moved to recommend approval of the attached recommendation with the following revisions: Section 3.8 CERTIFIED SURVEY MAP REVIEW (Minor Land Division) Any division of land not defined as a subdivision" is a minor land division. Such minor land divisions shall be made by certified survey map. The certified survey map shall • include all parcels of land. The certified survey map shall be prepared in accordance with Section 6.0 of this ordinance. Exception: When the parcels to be created by a land division are 20 acres or more in area and are not intended for development, the Plan Commission may waive the requirement of a certified survey map. Section 11.0 - DEFINITIONS Minor Subdivision - Any division of land not defined as a "subdivision". Such minor land division shall be made by certified survey map. It was also requested that the the Subdivision definition precede the Minor Land Division definition. Seconded by Ald. Dumke, motion carried. The meeting adjourned at 8:30 P.M. Respectfully submitted, Ald. Edwin P. Dumke . Secretary ca • MEMORANDUM DATE: MARCH 4, 1993 TO: RULES, LAWS AND ORDINANCE COMMITTEEE FROM: LARRY KIRCH, PLANNING DIRECTOpr SUBJECT: AMENDMENT TO LAND DIVISION ORDINANCE REGARDING THE NUMBER AND SIZE OF LOTS ABLE TO BE DIVIDED VIA CERTIFIED SURVEY MAP IN FIVE YEARS For several years the City has not been following the letter of the Land Division Ordinance. The most recent example is where the City has been dividing lots in its Industrial Park. The City's Land Division Ordinance states that no more than four lots can be created by successive divisions in five years without going through the formal platting process. The State Statute is less strict which states that as long as the lots are over 1.5 acres in size, there is no limit on the number of land divisions by Certified Survey Map that are permitted within any timeframe. The City's Land Division Ordinance then, makes a distinction • between a "Minor Subdivision" and a "Subdivision". Three sections of the Ordinance would have to be amended to clear up the discrepancy in the way the Ordinance is written and in the way it is applied. Current Ordinance Language SECTION 3.8 CERTIFIED SURVEY MAP REVIEW (Minor Subdivision) When it is proposed to divide land into not more than four (4) parcels or building sites, or when it is proposed to divide a block, lot or outlot within a recorded subdivision plat into not more than four (4) parcels or building sites without changing the boundaries of said block, lot or outlot, the subdividers shall subdivide by use of a certified survey map. The certified survey map shall include all parcels of land. SECTION 11.0 DEFINITIONS Minor Subdivision The division of land by the owner or subdivider resulting in the creation of not more than four (4) parcels or building sites or the division of a block, lot or outlot within a recorded subdivision plat into not more than four (4) parcels or building • sites without changing the exterior boundaries of said block, lot or outlot. (Ord. #345 3-14-78) Subdivision • The division of a lot, outlot, parcel, or tract of land by the owners thereof, or their agents, for the purpose of transfer of ownership or building development where the act of division creates five (5) or more parcels or building sites or where the act of division creates five (5) or more parcels or building sites by successive division within a period of five (5) years. (Ord. #431; 9-28-82) STATE STATUTE CHAPTER 236 PLATTING LANDS AND RECORDING AND VACATING PLATS Section 236.02 (12), Wisconsin Statutes provides the definition of a Subdivision. "Subdivision" is a division of a lot, parcel or tract of land by the owner thereof of the owner's agent for the purpose of sale or of building development, where: (a) The act of division creates 5 or more parcels or building sites of 1 1/2 acres each or less in area; or (b) Five or more parcels or building sites of 1 1/2 acres each or less in area are created by successive divisions within a period of five years. • RECOMMENDED CHANGE SECTION 3.8 CERTIFIED SURVEY MAP REVIEW (Minor Land Division) When it is proposed to divide land into two (2), but not more than four (4) lots, parcels or building sites, any one of which is less than twenty (20) acres or less in size, or when it is proposed to divide a block, lot or outlot within a recorded subdivision plat into not more than four (4) lots, parcels or building sites without changing the boundaries of said block, lot or outlot, the subdividers shall subdivide by use of a Certified Survey Map. The Certified Survey Map shall include all parcels of land. SECTION 11.0 DEFINITIONS Minor Land Division ,Any division of land not defined as a "subdivision". Minor land divisions include the division of land by the owner or subdivider resulting in the creation of two (2), but not more than four (4), lots, parcels or building sites, any one of which is less than twenty (20) acres or less in size; or the division of a block, lot, or outlot within a recorded subdivision plat into not more than four (4) lots, parcels or building sites without changing the • exterior boundaries of said block, lot or outlot. Such minor land divisions shall be made by a Certified Survey Map. Subdivision • The division of a lot, parcel or tract of land by the owners thereof or the owner's agent(s) for the purpose of transfer of ownership or building development where the act of division creates five (5) or more parcels or building sites of one and one-half (1 1/2) acres each or less in area; or where the act of division creates five (5) or more parcels or building sites of one and one-half (1 1/2) acres each or less in area by successive division within a period of five (5) years. Other divisions of land shall be termed "minor land divisions". This definition shall also apply to the division of a lot, parcel or tract of land by the owners thereof or the owner's agent(s) for the purpose of transfer of ownership or building development where the act of division creates five (5) or more parcels or building sites of any size by successive division within a period of five (5) years where dedicated public improvements are required. For the purpose of this section, public improvements shall include any one of the following: (1) sanitary sewer system, (2) water supply system, (3) storm sewer system, (4) roadways and streets. •