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
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• 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.
•